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COLLECTIVE AGREEMENT
Between
INERGI LP
and
POWER WORKERS’ UNION
CANADIAN UNION OF PUBLIC EMPLOYEES – C.L.C.
LOCAL 1000
October 1, 2012 – September 30, 2015
TABLE OF CONTENTS
Part Title Pages
Articles (Salmon) 1 - 64
A General Items (Green) A-1 - A-119
B Maintenance Trades (Yellow) B-1 - B-13
C Weekly Salaried (Pink) C-1 - C-24
Appendix “A” for Construction and
Supplementary Maintenance (White) AP-1- AP-53
Supplemental Employee Referral Program (SERP)
MID-TERM AGREEMENTS
INDEX
Number Title Former Number
IN-MID-1 Telephone in Employee’s Residences MT-1
IN-MID-2 Responsibility for Obtaining Licenses MT-2
IN-MID-3 Time Charges and Expenses – Power Workers’ Union
Representative
MT-3
IN-MID-5 Expense Reports and Transportation Requisitions MT-5
IN-MID-6 Special Time Off – Extreme Weather Closures MT-6
IN-MID-7 Burial Expenses and Allowance to Estate of a Deceased
Employee
MT-7
IN-MID-8 Employees Participating in Politics MT-8
IN-MID-9 Payment of Corporation Employees Utilized for Forest Fire
Fighting
MT-9
IN-MID-10 Banked Time Arrangement for Trades and Weekly Salaried
Staff
MT-10
IN-MID-11 Processing of Waiver Requests MT-11
IN-MID-12 Contracting Out MT-12
IN-MID-13 Late Applications MT-13
IN-MID-14 Future Agency Employees MT-14
IN-MID-15 Provision of French Language Services MT-15
IN-MID-16 Wage Schedule 86 MT-16-1
IN-MID-17 Professional Engineering Year (P.E.Y.) Students MT-18
IN-MID-18 Secondary School Student Cooperative Education Program MT-19
IN-MID-19 Pay Equity Plan Supplemental Agreement MT-20
IN-MID-20 Purchased Services MT-21
IN-MID-21 Professional Experience Year (P.E.Y.) Students MT-22
IN-MID-22 Overtime Option of Paid Time Off in Lieu MT-32
IN-MID-24 On-Call Provisions for Part C Employees,
Enterprise Technology Services, ITS Operations
Department, Field Support Team
MT-35
IN-MID-26 Inergi LP Acquisitions MT-40-1
IN-MID-29 Staffing Issues MT-48
IN-MID-31 Career Edge MT-51
IN-MID-32 Transfer of Those Employees Designated in Scope to
CGEY/NEWCO
MT-55
IN-MID-34 Redeployment of Inergi Regular Staff to the Markham
Accounting Centre.
IN-MID-36 Voluntary Severance Program Offer
IN-MID-37
IN-MID-38
Article 11 Alternative
Memorandum of Agreement – Restructuring Initiatives
Conditional Severance Offering Midterm 2009 – 02 R1
Voluntary Termination of Employment Program (VTEP)
and Voluntary Employee Retirement Program (VERP)
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TABLE OF CONTENTS
ARTICLES
ARTICLE 1 RECOGNITION
COLLECTIVE BARGAINING UNIT
ARTICLE 2 GRIEVANCE PROCEDURE
ARTICLE 2A DISCIPLINE AND DISCHARGE
ARTICLE 3 ARBITRATION
ARTICLE 4 WORKING CONDITIONS
ARTICLE 5 UNION SECURITY
ARTICLE 6 NO DISCRIMINATION
ARTICLE 7 MANAGERIAL RIGHTS OF THE COMPANY
ARTICLE 8 JOB CLASSIFICATION AND WAGE RATES
ARTICLE 9 SPECIFIC MATTERS OF AGREEMENT
ARTICLE 10 SELECTION TO VACANCIES
ARTICLE 11 SURPLUS STAFF PROCEDURE
ARTICLE 12 PURCHASED SERVICES AGREEMENT
ARTICLE 13 EMPLOYMENT SECURITY PLAN
ARTICLE 14 EMPLOYMENT SECURITY AND WORK ASSIGNMENT
ARTICLE 15 SUCCESSOR RIGHTS
ARTICLE 16 DURATION OF THE AGREEMENT
ARTICLE 17 TRANSFER OF EMPLOYEES ON CHANGE OF EMPLOYER
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COLLECTIVE AGREEMENT
BETWEEN
INERGI LP (The Company)
and
POWER WORKERS' UNION (PWU), CANADIAN UNION OF PUBLIC
EMPLOYEES, Local 1000 - CLC, hereinafter referred to as the "Union" which
executes this Agreement by M. Hyatt and E. Downing, who have been duly
appointed for the purpose, in accordance with the constitution of the Union.
WHEREAS the Union has requested the Company to enter into a Collective
Agreement and the Company has consented thereto:
NOW THIS AGREEMENT WITNESSETH
that there shall be three (3) parts, namely, Part 'A' - General Items, Part 'B' -
Maintenance Trades, Part 'C' - Weekly-Salaried. It is also witnessed that the
Company and the Union agree each with the other as follows:
ARTICLE 1
RECOGNITION
COLLECTIVE BARGAINING UNIT
1.1 The Company recognizes the Union as the sole bargaining agent for all
regular, part-time and temporary employees1, including technicians of the
construction field forces and security employees2 but excluding:
(a) Employees now represented by other bargaining agents.
(b) Persons above the rank of working supervisor.
(c) Persons who exercise managerial functions in accordance with the
Ontario Labour Relations Act.
(d) Persons employed in a confidential capacity in matters relating to
labour relations in accordance with the Ontario Labour Relations Act.
1.2 When an employee is removed from normal duties to act in a vacated
position or relieve for an incumbent or perform a temporary assignment,
the following shall apply:
(a) When the length of time involved is known to be three (3) months or
less, the employee will retain his/her present jurisdictional status.
1 "Employees" are employees pursuant to the Labour Relations Act for Ontario SO, 1995, c.1 Schedule A, as amended.
2 Security employees at the following locations: (At the time of printing no locations were identified).
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(b) When it is expected that the length of time will be longer than three
(3) months, the employee will be excluded or included at the
commencement of his/her new responsibilities. However, in the
event the period is actually less than three (3) months:
(1) in exclusion cases, the Union will be reimbursed the dues
which would have been paid;
(2) in inclusion cases, the Union will reimburse the employee the
dues which have been paid.
(c) When the length of time is unknown, the employee will retain his/her
present jurisdictional status up to the three (3) month period. If the
period extends beyond three (3) months, the employee will then be
either included or excluded.
1.3 The term “working supervisor” shall include all supervisors who perform
any non-supervisory work related to work performed by other PWU
bargaining unit members.
1.4 Bargaining unit work currently performed or that work which has been
performed by members of the Union’s bargaining unit and any work defined
as work of the Union in any jurisdictional accord applicable to Inergi LP
will continue to be performed by PWU represented staff unless otherwise
agreed to by the parties. This does not apply to situations where work is
eliminated.
1.5 “Work” in this Article shall be defined as a specific set of tasks, for example
the union supervisory level of Clerical/Technical/Technologist classifications
at Inergi LP.
1.6 The Company shall produce to the Union each quarter, documentation
showing all persons doing work for the Company.
1.7 Additional Work Opportunities for Inergi
For purposes of this Agreement, Capgemini includes its parents, its direct and
indirect subsidiaries, affiliates, joint ventures, partnerships, related companies,
successors and assigns. By its execution of this Collective Agreement the Employer
binds Capgemini to Article 1 and to any Mid-Term Agreements, which refer to
Capgemini, and warrants it has the authority to do so.
The parties agree to approach new work opportunities for Capgemini by observing
the following principles and process:
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Principles
(i) Capgemini and the PWU (“the parties”) agree that their relationship is based
on mutual trust and respect.
(ii) The parties agree that it is in the interest of both Capgemini and the PWU
that Capgemini grow its business and that the Inergi bargaining unit share
in such growth where practicable.
(iii) The parties agree, where it is practicable, that PWU represented employees,
Capgemini employees and Capgemini clients will have the ability to work
together on teams.
Related Work Opportunities
Capgemini agrees to give full consideration to the above principles in determining
whether Related Work Opportunities will be subcontracted to Inergi for performance.
In this Article, Related Work Opportunities shall mean Capgemini work that is
related to or similar to work that is being done or has been done by the PWU
bargaining unit at Inergi.
Process
The parties will meet quarterly to discuss Related Work Opportunities. Such
discussions will involve a full and frank discussion (subject to reasonable
confidentiality requirements) of ongoing or upcoming Related Work Opportunities,
the nature of the Related Work Opportunities, the viability of such work being done
by the PWU bargaining unit, and related topics.
(a) Either party may, as appropriate, require discussion to be held between the
Capgemini President and the PWU President to address issues of concern
respecting Related Work Opportunities and the discussion process.
(b) If the Presidents are unable to reach agreement, a mutually agreed upon
Mediator shall work with the parties to mediate a resolution.
(c) The discussion process will not prevent Capgemini from completing
proposals, closing deals, or performing work with respect to Related Work
Opportunities.
ARTICLE 2
GRIEVANCE PROCEDURE
2.1 This procedure shall not apply to Union concerns regarding the adequacy of
job documents and/or the rating, for jobs covered by the Clerical-Technical
Job Evaluation Plan, which shall be processed in accordance with the
challenge procedures contained in the Clerical-Technical Job Evaluation
Manual.
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2.2 Any allegation that an employee has been subjected to unfair treatment or
any dispute arising out of the content of this Agreement shall be understood
to be a fit matter for the following grievance procedure. All matters of
grievance by any employee or group or class of employees for whom the Union
is the bargaining agent and which the Union may desire to present shall be
dealt with in accordance with the following procedure.
2.3 It is mutually agreed by the parties hereto that it is the spirit and intent of
this Agreement to adjust grievances promptly. Therefore, any employee
covered by this Agreement having a grievance may present such grievance to
the representative of the Union appointed by the Union for that purpose.
The Union representative may then proceed to have such grievance adjusted
in accordance with the following steps established hereby for the purpose of
adjusting grievances.
2.4 Grievances
Grievances are to be filed within thirty (30) days from the date that the grievor knew
or should have known the facts giving rise to the grievance. The Company is to reply
in writing within seven (7) days.
Steps in grievance process: Non-disciplinary matters:
Step 1 Within seven (7) days of reply or time limited for reply, a meeting
with contact supervisor.
Step 2 If Step 1 meeting not held or if grievance not resolved at Step 1,
grievances go to next scheduled meeting of Grievance Review Board.
2.5 Grievance Review Board
The Grievance Review Board shall consist of two (2) Union representatives (at a high
level) and two (2) Management representatives (at a high level), who will have the
authority to agree unanimously to a final and binding settlement of any grievance or
unanimously agree to the scheduling of any grievance.
Grievance Review Board meetings are to be scheduled regularly as agreed to by the
parties or ordered by the Chief Arbitrator in all work locations. The purpose of the
Grievance Review Board will be to attempt to settle all cases, failing which the
Grievance Review Board will agree to facts where possible and ensure that all
documentary and other evidence is disclosed by the parties.
If not resolved at the Grievance Review Board, grievances move to arbitration.
2.6 Disciplinary Matters
2.6.1 Prior to the imposition of any disciplinary penalty, the Company shall hold a
Disciplinary Interview, which shall replace Step 1 of the grievance process.
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2.6.2 The Company shall provide the Union and any employees who may be
disciplined three (3) days’ notice of the Interview.
2.6.3 The Interview shall take place between the Company, the Union and the
accused individual.
2.6.4 The Company shall set out its allegations and except where the allegations
could constitute a criminal offence, the Union or the individual(s) shall set
out their version of the events. Minutes, but not a transcript, of the
Interview setting out the substance of the discussion shall be taken.
2.6.5 The minutes of the meeting shall be provided to the Union and the accused
individual(s) within seven (7) days of the Interview.
2.6.6 The Union and the accused individual(s) shall forward a written reply to the
minutes, if any, within seven (7) days of receipt of the minutes.
2.6.7 Should the Company choose to impose discipline, the Union has ten (10) days
to file a grievance commencing at Step 2.
2.6.8 Nothing in the disciplinary interview process is intended to interfere with the
Company’s right to investigate matters.
2.7 Facilities and Costs
2.7.1 The Company shall provide the necessary facilities for all meetings in the
grievance process.
2.7.2 Maintenance of normal earnings and payment of expenses shall be provided
by the Company for all Union representatives on a grievance committee.
2.7.3 The fees of all arbitrators and costs associated with arbitration hearings shall
be shared equally by the parties, subject to current practices.
2.8 Dispute Resolution – Article 8, Plan B and OGLs
Any Article 8, Plan B or OGL disputes shall be resolved on an expedited basis as set
out below:
2.8.1 The Union shall commence this dispute resolution process by filing a
grievance with the relevant contact supervisor. The parties shall meet within
seven (7) days to attempt to resolve the grievance. Failing a resolution of the
matter within fourteen (14) days of filing the grievance, the matter will be
referred to the next meeting of the Job Classification Committee (JCC).
Failing resolution at that meeting, the grievance shall be referred to the Job
Classification Tribunal (JCT).
2.8.2 The JCC shall sit monthly or as otherwise agreed to by the parties and
consist of two (2) Union and two (2) Employer representatives. It shall have
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the power to resolve any Article 8 and Plan B disputes referred to it by
unanimous agreement.
2.8.3 The JCT shall consist of a Chair, a Union nominee and a Company nominee.
The parties hereby nominate Chris Palaire and Brett Christen as their
nominees. Martin Teplitsky shall be the Chair and may, after consultation
with the parties, appoint his successor as Chair.
2.8.4 The JCT shall hear grievances on an expedited basis and decide at least
fifteen (15) grievances per day. No decision of the JCT is precedent setting
unless the JCT expressly declares it to be so.
2.8.5 Briefs shall be prepared by each party for each grievance including a
statement of facts, brief argument and the relevant provisions of the
Collective Agreement. These briefs shall be provided to the Chair of the JCT
at least seven (7) days prior to any hearing date. The Chair of the JCT will
advise which grievances will require witnesses for credibility issues. The
parties will also exchange these briefs.
2.8.6 The JCT shall determine its own procedure, may admit evidence that would
not be admissible in court and may rely on such evidence to render a decision.
The JCT shall have the power and authority to determine the real issues in
dispute between the parties in any particular case and to relieve against time
limits in the grievance process. All decisions will be final and binding. All
arbitrators shall have the power to make interim relief orders. The JCT shall
take into consideration the relevant terms of the Collective Agreement and
its appendices.
2.9 Facilities and Costs
2.9.1 The Company shall provide the necessary facilities for all meetings in the
Article 8, Plan B, and OGL grievance process.
2.9.2 Maintenance of normal earnings and the payment of expenses shall be
provided by the Company for all Union representatives on a dispute
resolution committee as per Article 2.8.
2.9.3 The fees of the JCT Chair and costs associated with JCT hearings shall be
shared equally by the parties. Each party will pay its own nominee on the
JCT.
2.9.4 Interest Penalties for Retroactive Payments
If retroactive payments are required as a result of any settlement (i.e., GRB, JCC,
JCT, reclassification) the Company will endeavour to make payments within sixty
(60) days of the signing of the settlement. If these payments are not made within
sixty (60) days, the Company agrees to pay interest on the outstanding amounts as of
the 61st day to the employees at a rate of two percent (2%) above prime. For each
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further delay of thirty (30) days, the interest rate will increase by an additional two
percent (2%). Exceptions will be jointly agreed to by the parties.
2.10 The Company will finalize any formal grievances presently in the process of
completion but not finalized before the Agreement is signed.
ARTICLE 2A
DISCIPLINE AND DISCHARGE
2A.1 Any allegation that an employee has been demoted, suspended, discharged or
otherwise disciplined without just cause shall be a fit matter for the
grievance and arbitration procedures as provided for in this Collective
Agreement.
2A.2 When disciplining or discharging probationary employees for just cause, it is
recognized that the probationary period is an extension of the selection
process and that they have short service. Therefore, the threshold for
discipline and discharge may be less than that of a regular employee in
similar circumstances.
2A.3 Disciplinary penalties resulting in a suspension without pay will not be
imposed until a final decision, (agreement between Union and Management,
or an arbitrator's judgment) has been reached.
2A.4 A copy of all letters of employee reprimand shall be sent to the Chief
Steward, except in cases where in the Company’s opinion the matter involved
is of a confidential nature. In the latter instance, the letter will state that the
Union has not received a copy of the letter.
This shall not prevent a supervisor from taking on-the-job disciplinary action
including immediate suspension subject to later confirmation.
2A.5 Unless otherwise agreed to, after a letter(s) of reprimand has been on an
employee's file for a maximum of two (2) years, and there have been no
further occurrences, then the letter(s) of reprimand will be removed from all
files.
ARTICLE 3
ARBITRATION
3.0 THE ARBITRATION PROCESS
The arbitration process will continue on the basis of the practice currently adhered to
by the parties, but any disputes relating to such practice or any requests for changes
in the practice may be referred to the Chief Arbitrator, or Deputy Chief Arbitrator as
referred to herein, for a ruling.
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3.1 This procedure shall not apply to Union allegations of unfair treatment or
Union concerns regarding the adequacy of job documents and/or the rating,
for jobs covered by the Clerical-Technical Job Evaluation Plan or the Area
Clerk Plan, which shall be processed in accordance with the challenge
procedures contained in the Union Clerical-Technical Job Evaluation
Manual.
3.2 Where a difference arises between the parties relating to the interpretation,
application, or administration of this Agreement, including any question as to
whether a matter is arbitrable, or where an allegation is made that this
Agreement has been violated, either of the parties may, after exhausting any
grievance procedure established by this Agreement, notify the other party in
writing of its desire to submit the difference or allegation to arbitration.
3.3 Unless the parties agree to a Board of Arbitration, or the Chief Arbitrator or
the Deputy Chief Arbitrator so order, all grievances shall be submitted to
Single Panel Arbitration.
3.4 Chief Arbitrator and Deputy Chief Arbitrator
For the duration of this Collective Agreement, Martin Teplitsky shall serve as the
Chief Arbitrator. The Chief Arbitrator will have exclusive, final and binding
authority over all issues relating to the scheduling of cases, including decisions as to
who hears which case and when it is heard and shall have the power to relieve
against time limits, including those in the grievance process and the referral to
arbitration in respect of all cases.
3.5 All Arbitrators
All arbitrators are to determine their own procedure, may admit evidence that would
not be admissible in court and may rely on such evidence to render a decision. All
arbitrators will have the power and authority to determine the real issues in dispute
between the parties in any particular case and to relieve against time limits in the
grievance process. All arbitrators’ decisions will be final and binding. All arbitrators
shall have the power to make interim relief orders.
3.6 Principles of Single Panel Arbitration
(a) Arbitrators shall decide up to fifteen (15) grievances each day. The
cases shall be heard on an expedited basis after the parties have
exchanged their written briefs. Oral evidence may be called only
where the arbitrator deems necessary and only with leave of the
arbitrator.
(b) The decisions are precedent setting and shall be accompanied by
reasons on any non-factual issues.
(c) The parties may use the services of counsel.
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3.7 Powers of the Chief Arbitrator in the Single Panel Process
(a) The Chief Arbitrator, in consultation with the parties, will have the
power to:
(i) appoint arbitrators;
(ii) assign grievances for resolution;
(iii) schedule hearing dates in consultation with the parties.
Any of the Chief Arbitrator’s powers may be delegated to the Deputy
Chief Arbitrator.
3.8 Board of Arbitration
A Board of Arbitration shall consist of a Company nominee, a PWU nominee, and an
Arbitrator. A party requesting that a grievance be heard by a Board of Arbitration
shall do so in writing to the other party within ten (10) days of the date the GRB
referred the grievance to arbitration.
3.8.1 Nominees
Once either party notifies the other party that an unresolved grievance will be
referred to arbitration, such notice shall contain the name of the first party’s nominee
to an arbitration board. The recipient of the notice shall within ten (10) days, if
he/she consents to the grievance being heard by a Board of Arbitration, advise the
other party of the name of its appointee to the Arbitration Board. The parties shall
then have ten (10) days to agree to a Chairperson for the Board of Arbitration.
3.8.2 Arbitrator
If the parties agree that a Board of Arbitration should hear a grievance but fail to
agree upon a Chairperson within the time limit, an appointment shall be made by the
Chief Arbitrator, or, if the Chief Arbitrator is incapable of doing so, through the
facilities of the Ontario Labour Management Arbitration Commission or the Minister
of Labour, upon the request of either party. The Arbitration Board shall hear and
determine the difference or allegation and shall issue a decision and the decision
shall be final and binding upon the parties and upon any employee affected by it. The
decision of a majority shall be the decision of the Board of Arbitration, but if there is
no majority, the decision of the Chairperson shall govern. However, in no event shall
the Board of Arbitration have the power to change, alter, modify or amend any
provision of this Agreement.
3.8.3 Powers of the Chief Arbitrator in the Board of Arbitration Process
(a) To determine the hours within which arbitrations are conducted.
(b) To assist in reducing the cost, and reducing the delay and increasing
the efficiency of the arbitration process.
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ARTICLE 4
WORKING CONDITIONS
4.1 Working conditions during the term of this Agreement shall be as outlined in
this Agreement and Mid-Term Agreement3 except such Mid-Term
Agreements as are agreed obsolete by the parties.
In addition, the general environmental privileges surrounding an employee
shall also be considered as working conditions. These privileges would
include such things as wash-up time, transportation facilities, safety
appliances, general safety or health precautions.
4.2 Any modification within the confines of this Agreement shall be subject to
agreement by the Company and the Union's executive. Changes to the
undernoted subjects, however, can be made with the written agreement of the
Chief Steward with the exception as noted in 4.2 (d) and may be cancelled by
either party upon the giving of thirty (30) days' notice:
(a) Changes in working hours between the hours of 7:00 am to 6:00 pm
for an individual, work group or crew.
(b) The extension of acting positions beyond ninety (90) days as outlined
in Part A, Section 37.1; and Part A, Section 37.3.
(c) Modifications to hours of work (specific) at all locations for banked
time arrangements.
(d) Arrangements allowing flexibility for employees assigned to
temporary work headquarters subject to PWU Sector Vice-President
or delegate approval.
4.3 It is recognized that volume measurement is necessary to obtain an objective
evaluation of the level of production of an employee and an organizational
unit. The fundamental intent of these measurements is to achieve
contractual customer and service level obligations, and will not be used for
the purpose of discipline.
Where volume measurement and monitoring systems are used in the
workplace, Management and the Chief Steward will agree on the principles
for the use of the information.
4.4 Unless specifically referred to in a Mid-Term Agreement the pertinent
provisions of the Collective Agreement shall apply.
3 A Mid-Term Agreement is a modification of the Collective Agreement executed by the parties on the prescribed form (a specimen of
which is shown below) during the term of the Collective Agreement.
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(SAMPLE)
MID-TERM AGREEMENT
TITLE
Number Date
It is jointly agreed that the following Mid-Term Agreement shall form part of the
Collective Agreement between the parties:
THE COMPANY UNION
Employees shall be allowed access to their own personnel file. Employees
should submit the written request to their supervisor. Review of the file
shall be carried out in the presence of the supervisor or human resources
contact. Additions or deletions to the file shall be made only with the
approval of the supervisor and the human resources contact.
4.5 Living Agreement
INERGI LP and the PWU are committed to a union-management partnership
to mutually explore, discuss and implement new ways to improve business
operations, customer satisfaction, the way we work, and quality of work life
balance.
The parties agree to the establishment of joint committees, as determined by the
parties to which both the PWU and INERGI LP will appoint an equal number of
representatives.
Recognizing the dynamic business environment in which the parties work and
compete for business, these committees will, as the need arises, attempt to
negotiate new provisions to address emerging issues of concern to the Company and
the Union.
ARTICLE 5
UNION SECURITY
5.1 All employees covered by this Agreement who are members of the Union on
the date hereof shall, as a condition of employment, maintain such
membership.
5.2 Employees who are not members on the date hereof but who become
members of the Union subsequent to said date shall as a condition of
employment, maintain their membership thereafter.
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5.3 New employees shall, as a condition of employment, be or become members of
the Union within fifteen (15) days of their engagement and shall, as a
condition of employment, maintain their membership thereafter.
5.4 Membership as a condition of employment as specified in 5.1, 5.2 and 5.3
shall not apply while membership is withheld or suspended, or where a
member is expelled by the Union.
5.5 In all cases for employees in the Collective Bargaining Unit as defined in
Article 1, the Company shall be responsible for the signing of dues
authorizations and shall deduct from the weekly wages of each employee, an
amount equal to the weekly Union dues in effect at the time and shall
transmit the monies so deducted to the Financial Officer of the Union at the
times designated by the Union.
5.6 A Union representative will be given an opportunity to conduct an
orientation session for new probationary/regular employee(s) or temporary
employees with greater than six (6) months' service within regular working
hours at a time and of a duration that is mutually agreeable between the
Company and the Union. The purpose is to acquaint the new employee with
the benefits and duties of Union membership.
5.7 The Company will not oppose any action by the Union to discipline its
members as identified in its constitution.
ARTICLE 6
NO DISCRIMINATION
6.1 The Company shall not discriminate against an employee because of
membership or activity in the Union or the exercise of his/her lawful rights,
and any employee covered by the Agreement who feels that he/she has
suffered discrimination shall have the right to seek redress in accordance
with Grievance and Arbitration Procedures.
6.2 An employee who has a complaint with respect to discrimination in the
employment relationship, as envisioned under the Human Rights Code, will
have access to the internal Human Rights resolution process if he/she so
desires. The employee, if he/she so desires, may have a Union representative
present. The complaint, the Human Rights resolution process and the results
of same shall not be subject to the grievance/arbitration process.
Management agrees to process complaints in a timely fashion. The parties
agree to review the process on an annual basis to ensure that there is
accountability for the implementation of recommendations.
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ARTICLE 7
MANAGERIAL RIGHTS OF THE COMPANY
The Company has and shall retain the exclusive right and power to manage its
business and direct its working forces including, but without restricting the
generality of the foregoing, to right to hire, suspend, discharge, promote, demote, and
discipline any employee. The Company shall exercise the said functions in
accordance with the provisions of this Collective Agreement.
ARTICLE 8
JOB CLASSIFICATION AND WAGE RATES
Job classification and wage rates shall be as they appear in wage schedules
constituting part of this Agreement. The Company shall discuss with the Union any
changes to existing job classifications and wage rates, or the introduction of new job
classifications and new wage rates. Where a difference arises between the parties,
the Company may introduce the new or amended job classification or wage rates; but
either party may require that the difference between them be submitted directly to
the arbitration process as detailed in Article 2.8 and the decision shall be binding on
both parties.
ARTICLE 9
SPECIFIC MATTERS OF AGREEMENT
9.1 These matters are to be dealt with in accordance with Parts 'A', 'B', 'C' and
the Union Clerical-Technical Job Evaluation Manual.
9.2 Where a new field of endeavour is undertaken by the Company and the
employees concerned fall within the jurisdiction of the Union by virtue of
Article 1, the question of whether such employees will be covered by an
existing part of the Collective Agreement, an existing part of the Collective
Agreement with special provisions or modifications, or a new part of the
Collective Agreement will be one for joint agreement.
ARTICLE 10
SELECTION TO VACANCIES
10.1 General
10.1.1 No person shall be appointed to a vacancy in the PWU jurisdiction until all
qualified PWU represented applicants have been selected. Non-represented
employees may be appointed to positions within the PWU’s jurisdiction but
will only be able to use that portion of their service which was acquired while
a member of the PWU.
10.1.2 If an employee is appointed to a vacancy within the PWU jurisdiction from a
bargaining unit which restricts seniority in the Company to its own
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membership, his/her seniority will be limited to service within the PWU
bargaining unit.
10.1.3 The Company may request a waiver of Posting and/or Selection from PWU
when there are medical reasons related to the employee or his/her immediate
family, as verified by the Company appointed Physician. If the waiver
request is agreed to by the Union, the employee will be appointed to the
position.
Employees appointed to positions, which are filled due to an agreed to waiver
of posting and/or selection, will be entitled to moving expenses in accordance
with the provisions of Part A, Item 23.0.
10.1.4 Appointments/Notification
1. If the candidate selected has already been appointed to another
position, but has not yet reported to the new job, he/she shall be given
the opportunity of choosing the one he/she prefers unless it is in the
Company’s interest that he/she accepts the first appointment.
2. On request, the Company will explain, in writing, to any unsuccessful
applicant for an advertised vacancy, the reason why he/she was not
selected for the position.
3. All regular full-time and regular part-time positions within or one level
above the Union’s jurisdiction will be advertised province-wide when
they become vacant. For clarity, the Company may advertise the
vacancy externally while the internal posting process is ongoing.
Selection to be made or the vacancy cancelled within four (4) months
after the posting date of the advertisement. Transfers of successful
applicants to be made or rate for the new position paid in accordance
with the Promotion Rule as identified in Part A, Section 25.1, sixty (60)
days from the date of selection for the position.
4. Vacancies as set out in Article 10.4 shall not be subject to the
provisions contained herein 10.1.4.7 to 10.1.4.9 inclusive.
5. One (1) copy of the compiled list of applicants for all advertised
vacancies will be forwarded to the Union office.
6. If the decision has been made within five (5) weeks of the closing date
of the advertisement, then at that time, the vacancy management
office will be responsible for:
Advising all applicants who have been interviewed of the decision in
writing.
16
Supplying Human Resources with the list of successful applicants for
publication. The published list will be considered appropriate
notification for those applicants who were not interviewed.
7. If the decision has not been made within five (5) weeks of the closing
date of the advertisement, then at that time, the supervisor with the
vacancy or his/her Human Resources Consultant will be responsible
for:
Ensuring that all applicants who do not possess the necessary
qualifications are notified that their applications have been considered
and they were not successful.
Ensure that all remaining applicants are informed of the delay, the
status of their application and when a decision is likely to be made.
8. When a final decision has been made, the supervisor of the vacancy
management office will ensure that:
The unsuccessful applicants not yet informed are notified of the final
decision as soon as possible. The name of the successful applicant
should be given.
The successful applicant and his/her supervisor are notified.
Notify Human Resources of the name of the successful applicant for
publication.
9. Similar Vacancies
When a similar vacancy occurs beyond four (4) months following the
posting date of the advertisement, it must be re-posted and considered
separately.
10.1.5 The following definitions shall be used to determine an employee’s
entitlement to be considered for a non-supervisory vacancy:
(A) Seniority
Except as provided in Section 10.1 of this Article:
1. An employee's seniority, for purposes of selection to vacancies,
shall be the service credit as defined in Part A, Item 5.0.
2. Service with an acquired company will be added to the
employee's seniority.
3. The total service credit with the Company will be used for
comparing seniority of applicants rather than service in a
position, trade, or occupation.
17
(B) Base Weekly Income
1. The maximum base rate per classification as shown on wage
schedule 20 or schedule 21.
2. The maximum base hourly rate per classification as shown on
wage schedules 25 and 32 multiplied by forty (40) hours.
(C) Promotion Application
1. Where the base weekly income (maximum rate) of the
advertised position is higher than the base weekly income
(maximum rate) of the applicant's present position.
2. Where an employee submits an application to a position of
equal rating (same base weekly income) which requires fewer
normal weekly hours of work.
3. Where an employee who presently occupies a position
regularly requiring or subject to shift work, applies for a
position of equal rating (same base weekly income) but not
regularly requiring or subject to shift work.
(D) Lateral Application
Where the maximum rate (base weekly income) of the position
applied for is equal to the maximum rate of the applicant's present
position and the factors identified in 10.1.5C(2) and 10.1.5C(3) do not
exist.
(E) Demotion Application
Where the maximum rate (base weekly income) of the position
applied for is lower than the maximum rate of the applicant's present
position.
10.2 Supervisory Positions
1. In considering applicants for supervisory positions, primary
consideration should not be given to seniority but to personal
qualities such as leadership, reliability, judgment, ability to organize
and instruct and an understanding and a display of the practice of
good human relations. For supervisory positions, an endeavour will
be made to select the most promising candidate.
2. Only those individuals satisfactorily possessing the above
characteristics, as assessed by the Company, should be considered.
Where practicable, applicants for supervisory positions should be
interviewed by the supervisor responsible for the selection. Seniority
18
will govern only in cases where there does not appear, in the
Company's opinion, to be much difference in qualifications.
3. For the purpose of this Article, supervisory positions will include:
(a) Union Trades Supervisor - Level 3 and higher positions in the
trades;
(b) Clerical-technical jobs which are credited with degree 3 or
higher in the Responsibility for Supervision factor of the
Clerical-Technical Job Evaluation Plan.
4. The provisions of Article 10.2(3.) above will not affect the status of
incumbents for Union representation or the future posting of
vacancies as they may occur.
5. Appointments to positions above the jurisdiction of the Union shall
not be subject to the Grievance Procedure. However, the Company
will give due consideration to representations of the Union where
there is evidence of obvious irregularities or discrepancies.
6. Candidates selected to supervisory vacancies which represent a
lateral or demotion in accordance with Article 10.1.5 and employed
for a minimum of five (5) years in their current work headquarters
shall be entitled to moving expenses in accordance with the
provisions of Part A, Item 23.0. Candidates selected to promotions
shall be entitled to moving expenses in accordance with the
provisions of Part A, Item 23.0.
10.3 Non-Supervisory Positions: Clerical-Technical
Exceptions: Positions identified in Section 10.2 and 10.4 of this Article.
1. The Company will use all available information and determine those
applicants who are qualified to fill the vacancy.
One of the requisites is the minimum years of experience as set out in
the job specification. Before any consideration is given to seniority
the supervisor responsible for making the selection must determine,
from the list of applicants, those employees who have the
qualifications to do the job satisfactorily.
A recommendation by the supervisor should then be made from the
qualified employees, overall seniority being the governing factor.
An employee's experience with another company will be taken into
consideration in determining his/her qualifications for a position.
19
10.3.1 Management reserves the right to restrict the application to a vacancy under
Article 10.3 when the selection of candidates, for whom it may result in a
lateral or demotion, reduces the capability in a given classification below that
considered by Management as required for the effective continued operation
of the sending department at a location. In such situations, only those senior
qualified candidates will be selected from that department at a location
which will not adversely affect its effective continued operation; the
remaining senior qualified candidates will be selected from other
departments at a location on the same basis. Location is defined in Article
11.3.
Employees will receive written notice from his/her supervisor if their
selection may be voided because they cannot be released. A copy of this
written notice is to be given to the local Steward.
Applicants for which the applied to position represents a promotion, or a
lateral may be required to take a technical skills test. In order to be
considered technically qualified for the advertised vacancy, applicants must
achieve a minimum threshold rating on such technical testing. All such tests
must be reviewed with the Chief Steward and the minimum threshold jointly
agreed to prior to conducting applicant testing.
10.3.2 Transportation and Moving Expenses
Candidates selected to non-supervisory vacancies which represent a lateral or
demotion in accordance with Article 10.1.5 and employed for a minimum of
five (5) years in their current work headquarters shall be entitled to moving
expenses in accordance with the provisions of Part A, Item 23.0. Candidates
selected to the promotions shall be entitled to moving expenses in accordance
with the provisions of Part A, Item 23.0
10.4 Non-Supervisory Positions: Other Positions
The following classifications will be selected on the following basis:
Trades positions.
Other jobs below Grade 55 covered by the Clerical-Technical Job
Evaluation Plan.
1. Article 10.4 vacancies will be internally advertised province-wide for
the same time period as other vacancies. Similar vacancies that
occur within four (4) months of the posting date of the advertisement
will not require posting.
2. All employees are eligible to apply and will be given fair and objective
consideration prior to hiring of applicants from outside the Company.
When making appointments, seniority will not be the governing
factor.
20
3. The senior qualified journeyperson applicant for whom the vacancy
represents an equal classification will be selected subject to the
following:
(I) The employee must be releasable in accordance with the
provisions of Article 10.3.1.
(II) Employees with documented performance deficiencies or job
related health limitations as identified by the Company
appointed Physician may not be eligible for lateral
considerations.
(III) When filled by the senior qualified applicant as per the above,
the resulting backfill vacancy will be filled in accordance with
provisions of paragraph 10.4(2.).
4. Selection Priority
Selections will be made in the following order:
(I) Senior qualified journeyperson applicants for whom the
vacancy is an equal classification.
(II) Applicants selected on the basis of fair and objective
consideration.
5. Article 10.4 vacancies are different from other vacancies, hence there
shall be no requirement upon the Company to apply the provisions
related to posting of vacancies contained in 10.1.4. The successful
applicant will be identified in the Selection Notices.
10.4.1 Transportation and Moving Expenses
Candidates selected to vacancies as per Article 10.4 will be automatically
entitled to the moving and transportation expenses provided in Part A, Item
23.0.
10.5 Transition Provisions
(a) After March 31, 2002, an employee in a bargaining unit who is in
receipt of a notice of termination/layoff from that bargaining unit or
who has been laid off and subject to recall or who has been identified
as over-complement is eligible to apply to posted vacancies and
placement opportunities in another bargaining unit whose Collective
Agreement has a reciprocal clause. He/she will be given fair and
objective consideration for employment before new hires. A
successful applicant will transfer his/her service credit and seniority
credits to the new Company. No employee hired pursuant to this
21
Article will be entitled to any relocation or moving expenses under
the provision of any Collective Agreement.
(b) Employees in a bargaining unit who are not covered by Item 10.5(a)
may apply for posted vacancies and placement opportunities in
another bargaining unit. The employer in receipt of the application
has no obligation to consider the application of such employee(s) from
another bargaining unit. A successful applicant will transfer his/her
service and seniority credits to the new employer.
(c) The provisions of Article 10.5(a) and (b) have no application to any
person who was not an employee of Ontario Hydro on August 31,
1998 or whenever the move to successor Collective Agreements is
complete.
(d) Any service credit restoration, as per Part A, Item 5.0, shall include
service earned as an Ontario Hydro employee and service earned as
an employee of any Ontario Hydro successor company.
22
ARTICLE 11
SURPLUS STAFF PROCEDURE
Table of Contents
11.0 WORKSITE REDEPLOYMENT
11.1 Surplus Staff Procedure - Sequence of Events
11.2 Application
11.3 Definitions
11.4 Occupational Group Listings (OGLs)
11.4.1 Failure to Demonstrate Qualifications
11.4.2 Expedited Grievance and Arbitration Process for Job
Classification Grievances and OGL Dispute Resolution
11.5 Notice Of Termination/Layoff
11.6 Employee Elections
11.7 Failure to Complete The Form
11.8 Cash Out During The Notice Period
11.9 General
11.10 Senior Choice/Junior Force (Province Displacement)
11.11 Displacements
11.11.1 Equal Stream
11.11.2 Lower Stream
11.11.3 Senior Choice/Junior Force (Within Location)
11.12 Displacement and Recall Rights
11.12.1 Probationary Employees
11.12.2 Regular Seasonal
11.13 Permanent Location Closings
11.14 Severance Pay
11.14.1 Reduced Severance Pay on Refusing a Position
11.14.2 Benefit Continuance/Tuition/Outplacement Services
11.15 Failure to Report To Assigned Positions
11.16 Selection to Vacancies
11.16.1 Jurisdiction
11.16.2 Selection Priority
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11.17 Recall
11.18 Wage Maintenance
11.19 Moving Expenses
11.20 Surplus Staff Joint Working Committee
NOTE
Appendices A and B of Article 11 form part of this Collective
Agreement. Any changes to lists, including the addition or
deletion of locations, worksites and work centres shall require
joint agreement. Such joint agreement will be reached prior to
the movement of staff.
24
11.0 WORKSITE REDEPLOYMENT
This provision may be implemented and completed without activating Article 11 in
total.
Employees who are over-complement and must redeploy will be given the options of
available sites along with the option of severance as described in Article 11.14.1 and
Item 2(a) below.
1. Within a worksite4, Management may deploy employees within equal
classifications.
2. Where Management has identified an over-complement in a classification at
a worksite(s) and an under-complement at another worksite(s) in an equal
classification5, Management may deploy employees from an over-
complement worksite to an under-complement worksite on a senior
choice/junior force basis until either the over-complement or under-
complement ceases to exist, whichever occurs first.
(a) A junior employee who refuses to be transferred will be subject to
discipline up to and including termination. All disputes regarding
the discipline and termination of an employee who refuses a transfer
will be referred to Martin Teplitsky for resolution on an expedited
basis. An employee who is terminated for refusing a transfer under
the terms of this Agreement shall be eligible to receive reduced
severance pay pursuant to Article 11.14.1(i) as well as Article 11.14.2
(Benefit Continuance/Tuition/Outplacement Services), if the proposed
transfer is to a worksite that is not within a reasonable commuting
distance from his/her residence.
Where an employee is terminated for refusing to transfer to a
worksite which is within reasonable commuting distance from his/her
residence, there is no severance or other provisions payable to such
employees.
(b) Management has the right to determine the classification(s), number
of over-complement positions, number of under-complement positions
and the worksite(s) that will be dealt with under each operation of
this provision.
(c) Management will provide at least four (4) weeks’ notice to employees
in the over-complement classification and worksite of the intended
date of transfer by posting in the over-complement worksite(s) a
notice which sets out:
4 As defined by Article 11, Appendix B
5 As defined by Article 11
25
the affected classifications;
number of positions to be filled;
under-complement worksite(s); and
proposed transfer date.
Subsequent to this four (4) week posting employees designated for
transfer will be provided with at least two (2) weeks’ notice of their
actual transfer date. In determining an employee’s transfer date the
Company will consider the personal circumstances of the employee
and the business needs of the Company.
(d) Employees transferring will be entitled to moving expenses and
housing assistance as set out in Part A, Item 23.0 except where as a
result of the transfer the employee has a different work headquarters
that is within a reasonable commuting distance from his/her
residence.
3. Under-complement positions that remain vacant after the operation of 1
and 2(a) will be posted in accordance with the Collective Agreement.
4. If the transfer results in a move to a lower-rated equal classification, wage
maintenance as per 11.18 will apply.
5. There will be no permanent transfers under this Article into a
worksite/centre which has been identified as a worksite/centre to be closed
permanently during the eighteen (18) month period following intended
transfer date.
6. Medically restricted at work (MRAW) employees who have had a special
position created for them cannot be terminated for refusing a transfer
under 11.0(2.). In the event that there is a closure of a worksite, the MRAW
employee will transfer in accordance with this Article and where necessary
be accommodated in accordance with applicable legislation.
7. Performance Limitations: When an individual has a verifiable physical or
medical limitation and is not required to be accommodated under the
Human Rights legislation and which prevents him/her from performing the
essential functions of a job in his/her Occupational Group Listing (OGL)
into which he/she may be transferred, and which is voluntarily identified in
advance of determining those to be transferred, the Company and the
Union will meet to discuss this individual. It is understood that if there is
no mutual agreement the Company may proceed to implement the layoff.
Nothing in this Article is intended to require any employee to self-identify
or to modify in any way the rights or obligations of the Company, Union or
employee under the Human Rights legislation.
8. Employees on pregnancy/parental leave, or assignment outside Ontario or
approved leave of absence, vacation, sick leave will be subject to this process
and be required to participate as if they were in their regular position.
26
Such employees will assume their new positions upon return and until such
time the positions will be filled on a temporary basis if required by the
Company.
The Company will make reasonable efforts to contact personally employees
on such leave but in any event such employees will be provided with written
notification that the Company is initiating a worksite redeployment. The
Company can only rely on the last address and telephone number provided
by the employee.
9. Employees on LTD including those in a LTD funded Rehabilitation and Re-
employment Program may not be subject to the provisions of Article 11.0.
10. Notwithstanding the provisions of this Article an employee who is within
five (5) years of normal retirement or within five (5) years of eligibility for
undiscounted pension when faced with worksite redeployment, with joint
agreement may be given special consideration for worksite
protection/preference. If the employee, within one (1) month of the worksite
redeployment, irrevocably commits to not move, the Employer will pay
reasonable accommodation expenses, excluding meals, in the new location.
11. Notwithstanding the provisions of this Article, the parties may make
special arrangements for employees who are disabled to the extent that
alternative employment would be difficult to find.
11.1 Surplus Staff Procedure – Sequence of Events
Prior to/in place of the implementation of the surplus staff procedure outlined below
the Company will offer Cash Out to employees in a location in an over-complement
classification (or equal classification) to eliminate the over-complement situation.
Employees who elect to accept the Cash Out offer shall be eligible to receive the
provisions of Article 11.8.1.
Layoffs/Termination(s) of regular employees, as a result of the operation of Article
11.1 will be implemented a maximum of once each calendar year.
1. The Company will notify the PWU and the Manager of Compensation and
Benefits of the intention to run Article 11 approximately two (2) weeks in
advance. Job challenges and Management job reviews will be frozen from
the date of this notification until the announcement date of the results of
Article 11.
2. All regular employees will have a completed Option/Election Form retained
on their personnel file (901). Approximately one (1) week prior to notice date,
all regular full-time and regular part-time employees shall be provided with
a personal information package.
3. The Company will give initial notice of termination/layoff in accordance
with Article 11.5.
27
4. The Company will confirm to employees all information received on revised
Option/Election Forms.
5. Requests to correct employee base data (in Item 2. above) are received by
the PWU from the employee and forwarded to the Company.
6. Employees who received initial notice of termination/layoff and employees
who are in an equal classification at the location shall receive priority
consideration to posted vacancies which represent a lateral or demotion,
commencing eight (8) days after initial notice has been provided.
7. After all data is collected and the Company is in a position to apply Article
11, there will be a "freeze" period during which vacancies will be held open.
This period shall be for a minimum of three (3) weeks before employee
displacement rights are determined and announced by the Company. These
vacancies may be filled on a temporary basis during this freeze period
pending the determination and announcement of the results of the
application of Article 11.
8. Employee displacement rights will be determined and those employees who
will be displaced, laid off and/or terminated shall be identified. All
displacements and the names of employees to be laid off or terminated will
be identified “on paper” at the outset prior to implementation of any
changes resulting from the announced reduction of complement.
9. The names of the employees who will be displaced, laid off and terminated
shall be announced.
10. After the Company announces the results of the application of Article 11,
employees displacing into another location will be identified and
worksite/centre preference will be determined by seniority on a senior
choice/junior force basis.
11. The "freeze" on filling vacancies ends at the time of the announcement.
During the period after the announcement and prior to the date of
termination set out in the initial notice of termination/layoff, the Company,
pursuant to Article 10, will post vacancies which remain unfilled after the
displacement process and new vacancies as they arise. Employees faced
with layoff shall be given priority consideration to such vacancies which
represent a lateral or demotion over other applicants. If vacancies remain
unfilled after the Article 10 process, during the period prior to the layoff fair
and objective consideration for such vacancies will be given to applications
from employees to be laid off.
12. The implementation of displacements, layoffs and terminations pursuant to
the Article 11 process will commence on the date of termination/layoff
identified in the initial notices unless extended by the Company in
accordance with the Employment Standards Act and regulations and
28
subject to any “reversals” which may have occurred as a result of employee
terminations.
11.2 Application
(a) This procedure applies only to the bargaining unit in this Collective
Agreement.
(b) This procedure applies to regular full-time and regular part-time employees.
The displacement and recall rights of probationary employees and regular-
seasonal employees are limited to those contained in 11.12.
(c) The Company will supply the PWU Research Department with an accurate
computerized seniority list (see note below) separated by Occupational Group
Listings (OGL's) and sorted by province and locations on February 1st and
August 1st and at the time the Company gives initial notice of
termination/layoff under this Article.
The Company will also post a seniority list in each worksite on February 1st
and August 1st. The seniority list will be a single list of employees, which
will include the following information (subject to revision after consultation
with the Company and the PWU):
Name/Employee Number
ECD
Base OGL
Level
OCC Code
Title
Building Code
Geographic Location
Status
Business
In the absence of a challenge in writing by the Union within thirty (30)
calendar days of posting, the seniority list will be deemed to be accurate and
the Union will not subsequently be able to challenge the accuracy of the list.
In the event of a challenge, the parties will try to resolve any differences. If
there is no agreement, either party may refer the challenge to Arbitrator
Teplitsky under the expedited dispute resolution process for deciding OGL
disputes.
NOTE
The computerized seniority list provided to the PWU will
contain the following data:
Last Name, Initials, ECD, Occupational Code, Job Title,
Schedule, Base Occupational Group Number, Grade, Location,
29
Building Code, Payroll Number, Business Unit, Division,
Department, Hours of Work, Date of Notice of
Termination/Layoff, Date of Expiry of Recall, End Rate of
Classification.
(d) Approximately one (1) week prior to notice date, all regular full-time and
regular part-time employees shall be provided with a personal information
package containing the following:
Name
Employee Number
Established Commencement Date (ECD)
Base Building Code
Geographic Location
Occupation Code
Job Title
OGL Number and Level
Current Option/Election Form Choices
Blank Option/Election Form
Listing of Locations (Appendix A)
Copy of Inergi LP Maps
In the absence of a written challenge by the Union prior to freeze date, the
employee data will be deemed to be accurate and the Union will not
subsequently be able to challenge the accuracy of the information.
(e) Medically Restricted at Work (MRAW) employees who have had a special
position created for them cannot be displaced. In the event that there is a
closure of a worksite or the special position is redundant, the MRAW
employee will displace in accordance with this Article and where necessary
be accommodated in accordance with applicable legislation. For purposes of
Article 11 the MRAW employee will be deemed to be in the classification
held immediately prior to being placed in the special position.
(f) Performance Limitations: When an individual has a verifiable physical or
medical limitation and is not required to be accommodated under the
Human Rights legislation and which prevents him/her from performing the
essential functions of a job in his/her Occupational Group Listing (OGL)
into which he/she may be displaced, and which is voluntarily identified in
advance of determination of displacement rights following notice of layoff,
the Company and the Union will meet to discuss this individual. It is
understood that if there is no mutual agreement the Company may proceed
to implement the layoff. Nothing in this Article is intended to require any
employee to self-identify or to modify in any way the rights or obligations of
the Company, Union or employee under the Human Rights legislation.
(g) Employees on pregnancy/parental leave, or assignment outside Ontario or
approved leaves of absence, vacation, sick leave will be subject to this
30
process and be required to participate as if they were in their regular
position. Such employees will assume their new positions upon return and
until such time the positions will be filled on a temporary basis if required
by the Company.
The Company will make reasonable efforts to contact personally employees
on such leave but in any event such employees will be provided with written
notification that the Company has initiated layoff procedures and that their
employment status may be affected. The Company can rely on the last
address and telephone number provided by the employee.
(h) Employees on LTD including those in a LTD funded Rehabilitation and Re-
Employment Program may not displace nor are they subject to
displacement.
(i) Notwithstanding the provisions of this Article an employee who is within
five (5) years of normal retirement or within five (5) years of eligibility for
undiscounted pension when faced with displacement or layoff, with joint
agreement may be given special consideration for worksite
protection/preference. If these employees are transferred, the Employer
will pay a subsequent move to the employee’s previous location in
accordance with Part A, Item 23.0.
(j) Notwithstanding the provisions of this Article, the parties may make special
arrangements for employees who are disabled to the extent that alternative
employment would be difficult to find.
11.3 Definitions
1. "Base weekly rate" and "base hourly rate" include pay equity adjustments.
2. "Classification" shall mean an employee's trade or job title.
3. "Equal Classification" or "Equal" is a classification in an employee's OGL
where the base weekly rate or base hourly rate is the same except that:
(a) Some hourly rated trades have been identified as equals where
most of the job duties are the same but the wage rate is different.
(b) For pay equity adjusted rates, equal will be deemed to be those jobs
whose terminal rates meet or exceed the Step 5 rates listed on
Salary Schedule 20 or Salary Schedule 21.
Example 1: Grade 55 + PEA, equivalent to Grade 57, Step 4 =
Grade 56 and can displace Grade 56 jobs under
Article 11 (Grade 56 (no PEA) can also displace this
Grade 55 job).
31
Example 2: Grade 55 + PEA, equivalent to Grade 58, Step 4 =
Grade 57 and can displace Grade 57 jobs under
Article 11 (Grade 57 or 56 (no PEA) can also displace
this Grade 55 job).
4. Lower: “Lower Classification” or “Lower” is a classification in an employee’s
OGL where the base weekly rate or base hourly rate is lower.
For pay equity adjusted rates, lower will be deemed to be those jobs whose
terminal rates are lower than the Step 5 rates listed on Salary Schedule 20
or Salary Schedule 21.
Example 1: Grade 56 (no PEA) is lower than a Grade 55 + PEA
equivalent to Grade 57, Step 5.
5. "Worksite" is a place of operations as identified by building code(s) and
identified in Appendix A. An employee's worksite will be their regular work
headquarters as defined in Part A, Item 18.2.
6. "Work Centre" as identified in Appendix A.
7. "Location" means a geographic area which includes worksite(s) and/or work
centres. Locations are identified in Appendix A.
8. "Occupational Group List (OGL)" means a jointly agreed to list of equal and
lower classifications into which an employee can exercise displacement
rights. OGLs are equals and lowers within the appropriate job family
which an employee can satisfactorily perform within a reasonable period of
familiarization and orientation.
9. "Surplus Employee" is an employee who has been given notice of
termination/layoff by the Company or an employee who may be displaced or
who is displaced from his/her position.
10. (a) “Seniority” means the service credit as defined in Part A, Section 5.0,
except for the restrictions contained in Article 10.1.2.
(b) Where employees have the same seniority the employee with the
highest employee number is deemed to be the more senior employee.
For purposes of determining displacements, layoffs and terminations,
seniority will be calculated as of the date of the initial notice of
termination/layoff. For all other purposes including subsequent
layoffs, seniority will continue to accrue.
11. "Job Family" is a collection of jobs or job classifications involved in the same
general nature of work.
32
It is recognized that some jobs straddle two (2) job families, e.g., technical-
clerical. For these exceptions, jobs from both families may be included in
the OGL.
The family for those jobs which do not neatly fall into one of the below will
be jointly determined as required.
There are three (3) families as listed below:
Clerical: Involving gathering, analysing, processing, recording,
disseminating information or data, and/or the operation of
miscellaneous office machines or equipment.
Technical: Involving the choice, application and/or manipulation of
formulae, principles, techniques or natural laws in practical,
mechanical or industrial arts or applied sciences.
Trades: Involving skilled labour in areas such as labourer, material
handlers, etc.
12. “Former Classification” is defined as the position/classification (previous
occupation code) last occupied by the employee within five (5) years of the
Notice of Termination/Layoff excluding relief, acting and temporary
assignments. If the previous occupation code has been obsoleted and
replaced by a new code, the new code and the old code will be deemed to be
one and the same code for the purposes of determining former classification.
11.4 Occupational Group Listings (OGLs)
1. For a job to be included in an OGL, it must be a job which can be
satisfactorily performed by the average employee in the surplus
classification within a reasonable period of familiarization and orientation.
This period will vary depending on the complexity of the job.
2. All existing jobs are placed in OGLs. OGLs shall be part of this Agreement
but shall be published in a separate publication.
3. New OGLs shall be jointly developed for new jobs or for existing jobs which
have materially changed or for jobs which have the wage rate adjusted. If
the parties cannot agree on an OGL, the dispute will be referred to
Arbitrator Teplitsky for resolution in accordance with Article 11.4.2.
11.4.1 Failure to Demonstrate Qualifications
Once an employee displaces into a position in an OGL, the employee must be able to
demonstrate an acceptable level of performance within a reasonable period of
familiarization and orientation. Failure to achieve an acceptable level of performance
in this time will result in layoff with severance as per 11.14 and recall rights to their
pre-displacement classification.
33
11.4.2 Expedited Grievance and Arbitration Process for Job Classification
Grievances and OGL Dispute Resolution
If the parties cannot agree on an OGL the disputes will be referred to Arbitrator
Teplitsky for resolution as per Article 2.8 Dispute Resolution - Article 8, Plan B and
OGL Process.
1. In the event of any layoff, it is the parties' intention that best efforts will be
used to resolve outstanding disputes before the beginning of the "freeze"
period which precedes the announcement of displacement rights and the
expedited procedure established herein will be used for this purpose.
Where possible, priority shall be given to those disputes which could have
an influence on classifications which may be affected by the proposed layoff.
However, any unresolved disputes will not stop the Company from
implementing any terminations/layoffs.
11.5 Notice of Termination/Layoff
1. The Company will give initial notice of termination/layoff to the most junior
employees in a classification in a worksite. Employees who receive initial
notice of termination/layoff shall also receive cash out information, selection
priority information, and personal OGL information. Notices listing those
employees receiving initial notice of termination will be posted at all
Company worksites/centres. Pursuant to the terms of this Article,
employees receiving such notice will be permitted to take another position
in the Company as a result of which some other person either loses his/her
position and is permitted to take another position or loses his/her
employment. Such notice shall be deemed to be notice of termination to all
affected employees including to those employees who may be displaced and
to those employees whose employment is terminated or who are laid off.
2. Employees receiving initial notice of termination/layoff will be provided
with two (2) months' notice of termination/layoff. An employee who has
been given notice of termination/layoff may be given temporary work
following the date of termination in accordance with the Employment
Standards Act and regulations.
3. When an employee is given notice of termination/layoff the Company will
notify the Union office and the Chief Steward within three (3) working days
from the date the employee is notified. The Union will be responsible for
keeping the Company advised of the names of all Chief Stewards.
11.6 Employee Elections
1. All employees will be required to supply the Company, by a date
determined by the Company, with information necessary to enable the
Company to make decisions relating to employee displacements in
Locations, and the Province. This information will be provided by employees
on the Option/Election Form and a Location Preference Ranking Form, both
34
of which are computer readable. The employees will rank all locations
outside of their own in order of preference on the Location Preference
Ranking form.
2. The information provided by the employee on the forms will amount to a
decision by each employee, unless amended as set out in 11.6(4). The
Company will be entitled to rely on this information for purposes of
applying the provisions of Article 11.
3. In addition to providing other information requested on the Forms provided,
employees shall elect to be placed into positions in their OGLs in one of two
streams, either the Equal Stream or the Lower Stream. The employee may
also elect to displace outside his/her OGL pursuant to 11.11.1(2) by
supplying the required information.
4. Each employee will ensure the Company has an updated Option/Election
Form, to be maintained in his/her personnel file. When the Company
initiates a layoff of employees under this Article, employees will have the
opportunity to amend the Option/Election Form. Revisions to the
Option/Election Form must be received prior to freeze date. The employee
will be provided with a written confirmation of the information provided
(refer to Article 11.1). If there is no request to amend by the employee by
freeze date, the information contained in the confirmation shall be deemed
accurate for all purposes.
11.7 Failure to Complete the Form
Any employee failing to supply the information requested on the forms, who receives
initial notice of termination/layoff or is displaced, will be deemed to have chosen a
lower classification in his/her Location and will not be entitled to displace into an equal
or lower classification in the Province regardless of seniority. If there is no position in a
lower classification in the Location into which he/she can displace, the employee will be
laid off with recall or severance rights as per 11.14.
11.8 Cash Out During the Notice Period
1. Where a reduction in complement is to take place in a classification in a
Location, all employees in that classification (or in an equal classification) in
that Location may notify the Company of their desire to resign from the
Company during the notice period. Upon request by an employee, the
Company will provide relevant pension and benefit information to enable
him/her to make an informed decision prior to being required to give notice of
his/her intention to cash out during the notice period. Written notification by
the employee of his/her desire to resign must be given within seven (7) days
of receipt of the notice of termination/layoff. From the total number of
eligible employees who indicate that they wish to resign, the Company will
accept on a seniority basis a number from the classification (or an equal
classification) equal to the number of surplus employees in the classification
in that Location. Those employees accepted must resign and will receive:
35
(i) severance pay as per Article 11.14; and
(ii) For Employees hired before October 1, 2004, who have elected to
voluntarily terminate if given the opportunity, subject to statutory
deductions:
base pay from the employee's date of resignation to the end of the
two (2) month notice period provided in the notice of
termination/layoff, plus a lump sum payment (in lieu of notice)
equal to three (3) months base pay (total = twenty-one (21)
weeks). (For employees who resign within the seven (7) day
period and whose resignation is accepted, the payment will be five
(5) months’ pay.)
The maximum number of weeks payable (i + ii) shall be one hundred
four (104).
(iii) For Employees hired on or after October 1, 2004, who have elected to
voluntarily terminate if given the opportunity, subject to statutory
deductions:
0-3 years of service – 2 months base pay
>3 years and up to 5 years of service – 3 months base pay
>5 years and up to 10 years of service – 4 months base pay
>10 years of service – 5 months base pay
The maximum number of weeks payable (i + iii) shall be one hundred four
(104).
2. Where the number of eligible employees who have resigned in the seven (7)
day period is less than the number of surplus employees in a classification in
the Location, additional resignations will be accepted on a first come basis
from employees in that classification (or in an equal classification) until the
freeze period commences or until the resignations from eligible employees
equal the number of surplus employees in the classification in the Location.
The resignation by the employee must be in writing in order to be accepted
by the Company.
3. Employees who resign with cash out may not be from the worksite/centres or
the actual classification with the surplus and a temporary deployment of
employees to other worksite/centres within the location may be required to
balance the complement.
To achieve this balance between worksite/centres the most senior employee
who is prepared to accept the transfer and who is in the classification or an
equal classification in which there is an over-complement, and is at the
worksite/centre from which an employee is to be transferred will be selected
to the position. In the absence of senior volunteers, the most junior employee
36
in the classification or an equal classification will be transferred to the
position.
11.9 General
1. All employees work at a worksite or work centre in a Location.
2. Each employee shall have the responsibility to notify the Company of
his/her current address and telephone number and any subsequent change.
The Company shall be entitled to rely on the last address and telephone
number furnished by the employee for all purposes.
3. Grievances under this Agreement or a predecessor Agreement which have
not been resolved before the commencement of the freeze period do not
affect the Company's right to layoff pursuant to Article 11.
4. At least two (2) weeks before the determination of employee rights and the
announcement of the results of the application of Article 11, a freeze period
shall be implemented wherein all vacancies shall be held and filled
temporarily where necessary. This freeze on filling vacancies shall end
when the results of the application of Article 11 are announced.
11.10 Senior Choice/Junior Force (Province Displacement)
The principle of "senior choice/junior force" is designed to allow senior employees to
have Location preference where it is available. Employees who can be displaced in a
Location, in the Province are always the most junior employees in the classification
into which the more senior employee can displace.
Therefore, the Locations in which the most junior employees in a classification are
employed are the Locations which are available to more senior employees who may
wish to exercise displacement rights out of one Location and into another in the
Province. Where there are junior employees in Locations who may be displaced, senior
employees will be given Location preference to the extent possible. However, the
Company will assign an employee to an available position to a location in the Province
where the employee's preference is not accommodated (i.e., he/she can be forced to
accept a particular Location).
11.11 Displacements
(a) Subject only to the provisions of paragraph 11.11.1(2), an employee can only
displace another employee of less seniority in classifications within his/her
occupational group list.
Regular-Seasonal and Temporary positions and Agency employees are also
displacement opportunities for regular employees in the absence of any
regular positions.
37
(b) A regular full-time employee may elect, in advance on the Option/Election
Form, to decline all available regular part-time positions. A regular part-
time employee may elect in advance, on the Option/Election Form to decline
all available full-time regular positions. The employee must indicate
his/her choice on the Option/Election Form failing which the employee will
be deemed to have chosen to displace into both regular full-time or regular
part-time positions.
Each employee must indicate his/her status (i.e., regular full-time or
regular part-time) on the Option/Election Form. The employee's
designation must be accurate. The Employer will confirm the designation.
(c) When an occupational group has more than one classification at the same
level, the least senior employee shall be the most junior among all of the
classifications at that level.
(d) A vacancy within an employee’s OGL is deemed to be the junior equal (see
process in 11.11.1 below) or lower, (see process in 11.11.2 below) in all
applications of the displacement process.
(e) Displacements shall be on a senior choice/junior force basis.
(f) Apprentices or Trainees are granted displacement rights into the
classifications listed in the OGL of his/her terminal rated classification. An
Apprentice or Trainee can displace a junior employee within his/her OGL
including a Journeyperson. If an Apprentice or Trainee displaces a
Journeyperson in an equal classification, the Apprentice or Trainee will
continue in the apprenticeship program and will be paid as per their
progression schedule.
(g) Seniority rights outside the Location are only exercisable in the Province by
employees with seniority of two (2) years or more.
38
Article 11 Displacement Flowchart
(This chart shall be read in conjunction with the text of the Collective Agreement)
Employee Opts
for Severance?
Severed with
Recall OptionsYes
Equal Available
in Location?
Employee Opts
for Severance?
No
Yes Placed
Employee
Seeks Former in
Province?
No
YesSevered with
Recall Options
YesFormer Available
in Province?Yes Placed
No
Employee Opts
for Severance?Yes
Severed with
Recall Options
Employee Seeks
Equal in Province?
Equal Available
in Province?Yes Yes Placed
No
Employee Opts
for Severance?Yes
Severed with
Recall Options
No
No
Lower Available
in Location?Yes Placed
No
No
Employee Opts
for Severance?Yes
Severed with
Recall Options
No
Lower Available
in Province?Yes Placed
No
Severed with
Recall Options
No
Note: For "Placed" - employee must take if available.
No
39
11.11.1 Equal Stream
1. At the Location an employee must displace the least senior employee in an
equal classification. Refusal to accept results in termination of employment.
If no position is available, then;
2. Where an employee has so elected on the Option/Election Form, he/she must
displace the most junior employee with less seniority in the Province in the
employee’s former classification provided the employee was in the
classification within five (5) years of the date the notice of termination/layoff
was issued pursuant to 11.5. Failure to accept results in termination of
employment. If no position is available, then;
3. The employee will move to the "Lower Stream", or, if eligible, the surplus
employee who has elected to displace in an equal classification in the
Province must displace the most junior employee with less seniority in the
Province. Refusal to accept results in termination of employment. If no
position is available, then;
4. The employee will move to the "Lower Stream".
11.11.2 Lower Stream
1. An employee who has elected to displace in the Lower Stream must displace
the least senior employee in an equal classification in the Location. Refusal
to accept results in termination of employment. If no position is available,
then;
2. An employee who has elected to displace into a lower classification and an
employee not placed in the Equal Stream must displace the most junior
employee with less seniority in next lower classification in his/her Location.
If no position is available, then the employee will go to lower classifications
in descending order in his/her Location until placed. Refusal to accept
results in termination of employment. If no position is available, then;
3. An employee who has elected to displace into a lower classification must
displace the most junior employee with less seniority in next lower
classification in the Province. If no position available then the employee
will go to lower classifications in the Province in descending order until
placed. Refusal to accept results in termination of employment. If no
position is available, then;
4. The employee is laid-off with recall rights.
40
11.11.3 Senior Choice/Junior Force (Within Location)
After the Company announces the results of the application of Article 11, employees
displacing into another location will be identified and worksite/centre preference will
be determined by seniority on a senior choice/junior force basis.
Employees displacing into a Location will be given worksite/centre preference within
the Location to the extent possible on a seniority basis. Where there is more than one
(1) employee displacing into a classification in a Location, the principle of senior
choice/junior force will be applied to displace the most junior employees in the
classification in the worksites/centres. In the absence of senior volunteers, the most
junior employee in the classification will be transferred to the position.
11.12 Displacement and Recall Rights
The following sets out in full, the displacement, recall and severance rights, if any, for
Probationary and Regular-Seasonal.
11.12.1 Probationary Employees
1. A probationary employee will displace the junior employee of lesser
seniority in the next lower classifications in their OGL in descending order
within his/her worksite/centre.
2. If 1. is not available, a probationary employee can displace a temporary
employee in an equal or lower classification in his/her occupational group
within his/her worksite/centre.
3. If 2. is not available, a probationary employee can displace an agency
employee in an equal or lower classification in his/her occupational group
within his/her line of business in head office or within his/her
worksite/centre outside of head office.
4. If 3. is not possible, employment is terminated.
5. Probationary employees shall not be entitled to recall rights or severance
pay.
11.12.2 Regular-Seasonal
1. A regular-seasonal employee can displace a temporary employee in an equal
or lower classification in his/her occupational group within his/her
worksite/centre.
2. If 1. above is not available, a regular-seasonal employee can displace an
agency employee in an equal or lower classification in his/her occupational
group within his/her worksite/centre.
3. If 2. above is not available, employment is terminated.
41
4. Regular-seasonal employees shall be entitled to recall to temporary
positions for a period of three (3) years from the date of last termination.
5. A regular-seasonal employee shall be entitled to recall to their Location,
provided they have at least twenty-four (24) months accumulated service.
6. To be recalled the employee must have filed a written request with the
Company prior to March 1st of each year.
7. A person who is recalled by the Company shall be personally contacted
when possible. Failing this contact a recall notice shall be forwarded by
registered mail addressed to the last known address that he/she has
recorded with his/her Human Resources Consultant. They shall be obliged
to advise his/her supervisor of his/her intention to return to work within
three (3) working days and shall be available for work within five (5)
working days after receipt of recall notice.
(a) Except in case of sickness, failure to be available for work within five
(5) days of issuance of the recall notice shall make him/her ineligible
for any further recall.
(b) It shall be the person's sole responsibility to inform the Union and
the personnel manager in writing of any change of address. The
Union will be notified in writing when persons are recalled to
vacancies.
8. The Company shall notify the employee in writing at time of termination of
the recall procedure. If the employee is not considered suitable for recall
they shall be notified in writing and a copy of this letter shall be given to
the employee's Chief Steward. Upon request the Company will provide the
employee with the reasons why they are not considered suitable for recall.
9. The Company may hire a temporary employee for a period not exceeding
one (1) month without using this recall procedure.
10. Summer students both secondary and post secondary levels have no rights
to this recall procedure.
11. A Recall List from each work Location for regular-seasonal employees shall
be provided to the Chief Steward concerned.
12. Regular-seasonal employees shall not be entitled to severance pay except in
the case of permanent layoff. When permanently laid off severance pay will
be calculated on actual time worked.
42
11.13 Permanent Location Closings
There will be no permanent displacements or moves into a worksite/centre which has
been identified as a worksite/centre to be closed permanently during the eighteen (18)
month period following notice of layoff/termination.
11.14 Severance Pay
Except as set out in 11.14.1, employees eligible for severance under Article 11 will
receive the following:
(a) An employee receiving severance pay waives any other rights under Article
11.
(b) An employee may direct all or a portion of his/her payment into an RRSP up
to the amount permitted by law. The employee shall provide the Company
with the TD2 Form directing the payment into his/her RRSP.
(c) An employee entitled to severance pay under 11.14 may elect to take a lump
sum severance payment, or severance may be divided into two (2) equal
instalments, the first on the date of termination and the second on or about
January 15th of the following year, subject to statutory deductions, of:
(i) four (4) weeks' base pay per year of service up to a maximum of one
hundred four (104) weeks' base pay (payments for incomplete years of
service will be pro-rated.
(d) For purposes of clarification at any time during the three (3) year recall
period, a laid off employee may opt for his/her full severance entitlement,
once this election is made all recall rights will cease.
(e) For regular part-time employees severance payments shall be pro-rated.
11.14.1 Reduced Severance Pay on Refusing a Position
1. An employee who refuses to accept a position under Article 11.11.1 or
11.11.2 (except in 2. below) will be terminated and is disqualified from
receiving severance pay under Article 11.14 and shall have no recall rights
under Article 11.17. Such employees may elect to take a lump sum
severance payment, or severance may be divided into two (2) equal
instalments, the first on the date of termination and the second on or about
January 15th of the following year, subject to statutory deductions, of:
(i) two (2) weeks' base pay per year of service up to a maximum of fifty-
two (52) weeks’ base pay (payments for incomplete years of service
will be pro-rated).
2. In cases where an employee refuses to accept a position where the new
classification provides either a reduction of base wages of two (2) or more
43
salary grades for job evaluated positions or in excess of ten percent (10%)
for others, the employee will receive severance pay pursuant to 11.14.
3. An employee may direct all or a portion of his/her payment into an RRSP up
to the amount permitted by law. The employee shall provide the Company
with the TD2 Form directing the payment into his/her RRSP.
4. For regular part-time employees severance payments shall be pro-rated.
11.14.2 Benefit Continuance/Tuition/Outplacement Services
A surplus employee who takes severance pay and terminates his/her employment is
entitled to:
i) coverage under the Company's Health and Dental Plan for a period of six
(6) months from the date of termination of employment or until the
commencement of alternate employment whichever occurs first;
ii) reimbursement for tuition fees and other associated expenses up to a
maximum of $5000.00 upon production of receipts from an approved
educational program within twelve (12) months of his/her termination;
iii) outplacement services; the Company will determine the level of service and
the service provider.
11.15 Failure to Report to Assigned Positions
In the event that an employee declines an assigned position and is terminated, or does
not displace into a job occupied by another employee, or terminates after displacing
another employee, the Company may reverse the displacement and leave the employee
who would have been displaced in his/her job or return the displaced employee to
his/her job. In all instances as described above the terminating employee will be
entitled to severance pay in accordance with the appropriate sections of this Article.
Any vacancy which results from such a reversal will be filled by moving the previous
incumbent back to his/her job. In other words, the chain of bumps (i.e., the
displacement thread) caused by the initial reversal will be reversed except in
circumstances set out below.
Where an employee has relied to his/her detriment on the announced relocation, and
would be prejudiced by revocation of the displacement, the employee will not revert to
his/her original position. Where the Company would be prejudiced, the employee will
not revert to his/her original position even if the employee does not object.
The declining of an assignment will not require the Company to re-do the Article 11
process.
11.16 Selection to Vacancies
44
Between the end of the seven (7) day cash out window and freeze date and after the
end of the freeze period all positions which remain unfilled and any new vacancies
which arise shall be posted under Article 10. During the period after the end of the
seven (7) day cash out window and before freeze date and after freeze date but before
announcement of results, priority consideration for vacancies which represent a lateral
or demotion will be given to surplus employees and to those employees who are in an
equal classification (to the over-complement employee) in the location. After
announcement of results and before layoff occurs applications from employees who are
to be laid off shall be given fair and objective consideration for vacancies. Employees
who, prior to being laid off, applied for vacancies continue to be entitled to fair and
objective consideration for those vacancies after layoff. If selected to a vacancy posted
prior to the date of layoff, the employee is eligible for moving expenses under Article
11. Among successful applicants seniority shall govern selection where all other
factors are relatively equal.
11.16.1 Jurisdiction
No person outside the Union's jurisdiction will be selected to a vacancy commencing
with the issuance of the notice of termination/layoff pursuant to 11.5 until:
(i) All qualified PWU members are selected, including persons on the recall
list; and
(ii) All PWU applicants entitled to fair and objective consideration are selected
pursuant to 11.16.
11.16.2 Selection Priority
The following applies for equal and lower-rated vacancies.
Each category will be considered independently and in the order indicated:
(i) Surplus employees and those employees in an equal classification to the
surplus employee at the location where the surplus exists.
(ii) As per Article 10.
11.17 Recall
1. Laid off employees who do not receive severance payments shall have recall
rights.
2. Employees who are laid off will be entitled to recall to classifications in
their OGL for a period of three (3) years from the date of his/her layoff.
Recall lists will be maintained province-wide.
45
If a person is recalled within one (1) year of the date he/she was laid off,
entitlement to vacation credit, seniority, and sick leave credits shall be the
same entitlement as on the day of termination less any vacation allowance
received at termination.
If a person is recalled during the second or third year after layoff, he/she
shall be treated as a new employee for all purposes. Service credit will be
restored in accordance with Part A, Item 5.3.
Reinstatement in the Pension Plan shall be in accordance with the pension
regulations.
3. A person who is recalled shall be personally contacted by the Company
where possible. Failing this contact, a recall notice shall be forwarded by
registered mail addressed to the last known address that he/she has
recorded with his/her Human Resources Consultant. They shall be obliged
to advise his/her supervisor of the intention to return to work within five (5)
working days and shall be available for work within ten (10) working days
after receipt of the recall notice.
NOTE
(i) It shall be the employee's sole responsibility to inform
the Union and the Human Resources Consultant in
writing of any change of address. The Union will be
notified in writing when employees are recalled to
vacancies.
(ii) Except in the case of sickness, failure to be available
for work within ten (10) days after the receipt of recall
notice shall make him/her ineligible for any further
recall.
4. Except as noted later in this paragraph, if an employee refuses recall to a
regular full-time equal position or lower position at the location level he/she
will be removed from the recall list and be entitled to reduced severance pay
in accordance with 11.14.1. In cases where an employee refuses to accept
recall to a position where the new classification provides either a reduction
of base wages of two (2) or more salary grades for job evaluated positions or
in excess of ten percent (10%) for others, the employee will remain on the
recall list. Refusal to accept recall to any position outside the Location will
not result in loss of recall rights.
5. At any time during the three (3) year recall period, a laid off employee may
opt for his/her full severance pay entitlement. Once this election is made all
recall rights will cease.
46
6. If at the end of the three (3) year recall period an employee has not been
recalled or has not elected to receive severance pay, he/she will
automatically receive the full severance pay entitlement.
7. An employee who is laid off and does not elect to accept severance payment
shall be entitled to receive:
i) coverage under the Company's Health and Dental Plan for a period of
six (6) months from the date of commencement of layoff or until the
commencement of alternate employment whichever occurs first; and
ii) reimbursement for tuition fees and other associated expenses up to a
maximum of $5000.00 upon production of receipts from an approved
educational program within twelve (12) months of his/her layoff; and
iii) outplacement services; the Company will determine the level of
service and the service provider.
8. Persons on the recall list will be recalled for vacancies contained in their
OGL's which are posted as per Article 10 and 11.16 prior to the selection of
candidates to whom they are senior.
9. People on recall will have the first priority on a seniority basis for
temporary positions in their OGL arising at their location which were not
filled by any displacements. Where such a temporary position also
represents a recall opportunity for a regular-seasonal, the position will be
offered on seniority.
11.18 Wage Maintenance
When an employee displaces another employee and is reclassified to a lower-rated
position, or when an employee is selected to a lower-rated vacancy pursuant to 11.16
they will receive wage maintenance. His/her wage rate will be adjusted downward in
accordance with the following:
(i) Employees with two (2) or more years' service will have their rate frozen for
a period of three (3) months at which time a two percent (2%) reduction in
rate will take place. Subsequent reductions of two percent (2%) will take
place annually thereafter until the maximum rate for the lower-rated job is
reached.
(ii) Employees with less than two (2) years' service will have their rate frozen
for a period of three (3) months, after which time their rate will be adjusted
to the maximum rate for the new job.
11.19 Moving Expenses
Notwithstanding Part A, Item 23.0 the Company will not be required to pay the
moving expenses of an employee householder who displaces another employee or is
47
selected to a vacancy and as a result has a different regular work headquarters which
is within reasonable commuting distance from his/her residence. Where an employee
is entitled to receive moving expenses, the amount of expenses will be in accordance
with Part A, Item 23.0. Such moves will be treated as Company-initiated moves.
Except as is provided for in 11.16, the Company will not be required to pay moving
costs of an employee who is recalled from layoff.
11.20 Surplus Staff Joint Working Committee
The parties agree to establish a Surplus Staff Joint Working Committee. The Joint
Team will explore retraining/reskilling opportunities within the Company. Prior to
any running of Article 11 the Joint Team will explore the business needs, reskilling
and retraining opportunities within the Company, tuition opportunities, outplacement
opportunities, benefits continuance and any other issues that may arise. The intent is
not to unduly compromise the existing rights of the employee but to look at the
operational use of Article 11 to deal more effectively with both business and employee
decisions.
ARTICLE 12
PURCHASED SERVICES AGREEMENT
12.0 SCOPE
This Article has been developed jointly in a spirit of co-operation and trust. It is
intended to provide a joint approach to making good business decisions which involve
the use of purchased services. Its application calls for these decisions to be made in
the same spirit of co-operation and trust.
What follows is based upon the belief that there is a value and benefit to the
employee, the Company and the customer if:
There is a greater involvement by employees in the decision-making
process.
There is an improved understanding as to why purchased services are used.
Employment security is enhanced by a productive, healthy, and cost
effective organization.
Union and Management work together and act responsibly, balancing the
interests of the customer, the Company and the employee in decisions
relating to the use of purchased services.
This is a way of deciding how work gets done. It is not intended to hinder getting
work done.
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12.1 Assignment Of Work
12.1.1 Philosophy
It is the Company’s intent to use regular staff to perform most of its work of a
continuing nature. Furthermore, the Company will strive to provide regular staff
with stability of employment.
The parties agree that a consistent, managed and joint approach to the assignment of
work within the Company is necessary to provide security for employees, a more
effective, productive organization and an excellent product for the customer.
12.1.2 Principles
The following principles apply to the relationship between the Company and the
Union and the work performed by Union members.
(a) We will within the Company have all work conducted as effectively as
possible.
(b) We will measure the effectiveness of all work by its impact on staff, on the
business and by its ultimate impact on our customers.
(c) We will do most work of a continuing nature with Company employees.
(d) We will determine when work is to be done by non-PWU members through
a joint decision making process and the results of these decisions will be a
joint responsibility.
(e) We will ensure that the impact of these decisions on continuous
employment is minimized.
(f) We will use a team and consensus approach when making decisions and
any issues arising will be resolved internally where possible.
(g) We will consult and make timely decisions consistent with the need to get
work done.
(h) We will develop, implement and continue a joint process of communications
and education.
(i) We will achieve consistency through the use of these principles versus
policy and procedure.
12.2 Decision Process
12.2.1 Responsibility for Decisions
The persons who are responsible for applying the decision process are the Company
representative with the appropriate decision authority and the Union representative
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designated by the Sector Vice-President. It is recognized that a given decision may
require the involvement of more than these two (2) persons.
Subject to 12.2.6 and 12.3.2(c) below, decisions to use purchased services will be made
on a consensus basis. Both parties must consider all relevant criteria with the
mutual goal of selecting the most effective option.
The decision makers are responsible for making timely decisions and for the decision
itself.
12.2.2 Opportunity
The parties recognize that work may be done more effectively internally or externally.
Opportunities for the application of this Article to new or existing work can be
initiated by Management and/or the Union. It is intended that joint discussion
should commence as soon as possible and before detailed definition of the need to
have new or existing work done by purchased services.
12.2.3 Definition of Need
The parties will consider what work must be done and why and include such
dimensions as when it must commence and the duration of the work; the quantity of
resources required; the quality of the results; the skills required and their availability
internally and externally; and safety requirements.
12.2.4 Alternatives
The parties will consider such alternatives as, do the work internally; do part of the
work internally and part externally; do the work externally and agree to acquire
capability to do the work internally in future; or do the work externally.
12.2.5 Evaluation
The parties will evaluate the alternatives considering the impact on the customer,
employees and the business. Such criteria as reliability of service to the customer,
customer responsiveness, community impact, Company relations impact, job
continuity, ability to perform work, degree of overtime required for the work,
availability of resources, cost, timeliness, quality, need for control over results, safety
and impact on environment will be assessed.
The total effectiveness of the alternatives will be evaluated considering both the short
and long-term impacts. In given situations, certain criteria may be given a greater or
lesser degree of importance.
12.2.6 Establishment of Thresholds
The establishment of the threshold is designed to remove from the process on a case
by case basis certain issues relating to purchased services. The threshold will operate
in such a way as to allow flexibility in local decision making. Any decisions regarding
what is below the threshold will be non-precedent setting.
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If there is a dispute with the Union on whether the proposed purchased service is
permitted by the threshold and there is no consensus, and if it makes sense in the
circumstances the dispute will be resolved before the purchased service occurs. Lack
of agreement on obtaining an advance resolution will not preclude the work from
being performed, neither will it preclude the matter from being resolved under the
12.2.7 process.
The guidelines to determine whether a purchased service is below the threshold are
as follows:
subject matter lacking in substance; or
any consequences are relatively insignificant; or
where the nature or consequences of the work which represents a
purchased service is remote from work currently performed by the PWU on
a continuing basis. For purposes of clarity, this does not mean
geographically remote; or
emergencies; or
any work performed under a manufacturer’s warranty, except where the
manufacturer authorized the Company to do the work.
Except in the case of an emergency, failure by the Company to supply the Union with
the following information by fax or as otherwise agreed will result in the work in
question being deemed to be above threshold. (In the case of emergency such
decisions to use purchased services will be subject to the same information
requirements, review and dispute resolution as non-emergency cases.)
The Company will notify the Union of the:
Value of Work as reflected in Tender/Contract/Bid or Estimate Documents
Scope of the Work
Location of Work
Estimated Date of Commencement and Duration of the Work
Except in the case of emergency, after receipt of the above information regarding the
work the Union shall have three (3) working days to request an opportunity to
discuss the proposed purchased service, failing which the proposed purchased service
will be deemed to be below threshold.
The parties will make themselves available for discussion within three (3) working
days of the request for a discussion.
Upon request, once the work has been performed the Company will provide the Union
with the details of the final contract costs.
(a) Threshold grievances will be completed by the Chief Steward responsible
for the PSA and presented to the line Management person responsible for
the work in question.
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(b) Line Management must respond in writing to the grievance citing its
position within forty-eight (48) hours (as is required with all other
grievances). Both parties should endeavour locally to complete a Record of
Discussion form or an agreed statement of fact sheet.
(c) The PWU office will assign a grievance number. Copies of the completed
grievance and associated fact sheets or Records of Discussion forms should
be sent to the PWU office and Labour Relations - Corporate Human
Resources.
(d) Grievances will be referred to Arbitration and scheduled through joint
agreement between Labour Relations - Corporate Human Resources and
the PWU office.
(e) If it makes sense to do so, local discussions may take place with a view to
resolving the threshold grievance up to the arbitration date.
12.2.7 Dispute Resolution Process
(a) Mr. Teplitsky shall be appointed as Facilitator to assist the parties to
resolve all issues of application and interpretation of this Article with the
power and authority of an arbitrator under the Ontario Labour Relations
Act but not subject to the Arbitrators’ Act.
(b) Any dispute between the parties relating to whether this Article applies to
any decision to use purchased services or if a purchased service falls within
the categories set out in 12.2.6 will be determined in an expedited manner
by the facilitator whose decision shall be final and binding.
(c) The Union will not be prejudiced in any subsequent case by a particular
purchase of services. Similarly, the Company will not be prejudiced by any
decision not to purchase services. This applies to all cases including
threshold cases.
12.3 Joint Resolution Committee
12.3.1 Purpose
The purpose of this Joint Committee is to resolve disagreements, on a consensus
basis in a timely and expeditious manner, as to whether proposed purchased services
which are above threshold may proceed. In its deliberations, the committee will
consider the factors in Items 12.0, 12.1 and 12.2.
Prior to a meeting of the Joint Committee, the Company will provide the Union with
the following information related to the proposed PSA:
copies of the Tender or Request for Proposal documents, if there are any;
an accurate description of the work which is the subject of the proposed
PSA;
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accurate details on bids, e.g., price, scope of the work as set forth in the bid;
and
a full cost benefit analysis including incremental costs but excluding
overhead costs which would be incurred.
12.3.2 Membership
The membership of the Joint Committee shall be as follows:
(a) The facilitator Mr. Teplitsky who shall act as Chairperson;
(b) One (1) Management and one (1) Union representative plus additional
resources as required.
(c) In the event of the parties not being able to reach a consensus decision the
facilitator will have the power to make decisions. Mr. Teplitsky will have
the authority to make such orders as he deems appropriate to give full
affect to his decision(s) and to deal with any consequences his decision(s)
might have in the workplace.
(d) Where either party wishes to proceed with a Purchased Services discussion
which is above threshold, the parties will endeavour to complete discussion
within ten (10) days of notice to the Union in the prescribed form and that
full resolution, including review by the JRC, will occur within thirty (30)
days of notification.
12.4 Application of This Article
12.4.1 The parties will jointly develop and maintain an operating plan consistent
with the provisions of this Article. Such plans will be approved by the
appropriate Company official and the Power Workers’ Union Vice-
President. Failure to jointly develop an operating plan will not adversely
affect either party’s rights under the provisions of this Article.
These operational plans will include:
An approach for the development and delivery of joint training of
decision makers.
An identification of the type of contracts that are not subject to an in-
depth review.
A guideline for a time table on how often contracts of a recurring
nature must be reviewed under this Article.
A process for joint review of potential contracts which involve work
normally performed by PWU represented employees and other
stakeholders.
A process and a time frame for decision making.
An internal process for dispute resolution.
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12.4.2 Management and Union representatives may choose to jointly review the
application of their operating plan and determine the need for changes at
any time over the life of this Agreement.
12.4.3 Until the end of this Collective Agreement, Article 13, Article 14, Mid-Term
Agreement IN-MID-12 Contracting Out, IN-MID-20, and Mid-Term
Agreement IN-MID-14 Future Agency Employees are suspended. Item 12.1
of this Article will apply to decisions regarding the use of agency employees.
ARTICLE 12 – APPENDIX A
The provisions in this Appendix and Article 12.3.2(c) are to be applied to those
situations where employees are given surplus status as a result of a joint or
arbitrated decision to use purchased services to do the work normally performed by
the affected employees. The definitions contained in Articles 10 and 11 will also
apply to this Appendix.
1.0 JOINT EMPLOYMENT SECURITY COMMITTEE
The function of the Joint Employment Security Committee is to resolve disputes
regarding the appropriate application of this Appendix.
The committee will consist of six (6) regular members, three (3) representing the
Union and three (3) representing the Company. Two (2) additional members from
each party may be added from a work unit affected by the surplus situation under
consideration. Meetings may be called by either party.
In all disputes referred to the committee for settlement, the committee’s decision will
be final and binding on both parties.
In the event that the Joint Employment Security Committee is unable to resolve a
dispute, it will be referred to Mr. Teplitsky. The intention of both parties is to have a
speedy resolution of the dispute. Verbal decisions which will be confirmed by a
written decision will be acceptable and all decisions are final and binding on both
parties.
2.0 EMPLOYMENT SECURITY
The provisions of this Appendix will apply to a regular employee with two (2) or more
years' seniority who becomes surplus from his/her position as a result of contracting
out the work normally performed by that employee. The effect of decisions to use
purchased services on PWU members will be minimized by accommodating required
staff reductions wherever possible by attrition, transfer to other jobs or retraining.
Redeployment/career counselling will be made available to affected staff when they
are notified of their surplus status. Training and career options will be discussed and
incorporated into the redeployment plan. Reasonable training and educational leave
will be applied as appropriate. The provisions of this Article will not apply to regular-
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seasonal employees. The definitions contained in Articles 10 and 11 will also apply to
this Appendix.
For the purposes of determining if the employee has sufficient seniority to qualify for
this Appendix, his/her seniority will be counted up to the surplus date.
2.1 Surplus Identification
When a decision to contract out results in a surplus in a classification in any worksite
the least senior employee in that classification in the worksite shall be identified as
surplus. Such employees will be able to apply for vacancies as per Article 10.
2.1.2 If an employee with five (5) or more years seniority has not been selected to
a vacancy within one (1) year after the surplus date, or an employee with
two (2) years but less than five (5) years’ seniority has not been selected to a
vacancy within sixteen (16) weeks after the surplus date, he/she will be
given displacement rights as contained in Article 11 and all other terms and
conditions of Article 11 will apply. At this time all other provisions of
Appendix A will cease to apply.
2.1.3 The one (1) year period for employees with five (5) or more years’ seniority
and the sixteen (16) week period for employees with two (2) or more but less
than five (5) years’ seniority is designed to allow employees not selected to
vacancies to avail themselves of the retraining and reskilling opportunities
outlined in 2.0 prior to any displacement as per Article 11.
2.2 Wage and Salary Treatment
2.2.1 Seniority - Five (5) Years or More
The employee's grade and progression step shall be maintained and negotiated
increases shall apply for one (1) year from the surplus date regardless of placement.
If the employee accepts a vacancy in a lower-rated classification his/her dollar rate
shall be frozen at the end of the one (1) year until the rate for the classification equals
the employee's dollar rate, at which time the normal wage and salary treatment shall
apply.
2.2.2 Seniority - Two (2) Years - Less than Five (5) Years
The employee's grade and progression step shall be maintained and negotiated
increases shall apply for sixteen (16) weeks from the surplus date regardless of
placement. If the employee accepts a vacancy in a lower-rated classification his/her
dollar rate shall be frozen at the end of sixteen (16) weeks for a period of three (3)
months at which time a four percent (4%) reduction in rate will take place.
Subsequent reductions of four percent (4%) will take place annually thereafter until
the maximum rate for the lower-rated job is reached.
2.3 General Conditions
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2.3.1 Notwithstanding the provisions of this Article an employee who is within
five (5) years of normal retirement or within five (5) years of eligibility for
undiscounted pension when faced with displacement or layoff, with joint
agreement may be given special consideration for worksite
protection/preference.
Notwithstanding the provisions of this Article, the parties may make
special arrangements for employees who are disabled to the extent that
alternative employment would be difficult to find.
2.4 Moving Expenses
Prior to Article 11 applying, an employee who is identified as surplus as per this
Appendix and is required to relocate his/her residence shall receive moving expenses
in accordance with the provisions of Part A, Item 23.0. Such moves will be treated as
Company-initiated moves.
ARTICLE 13
EMPLOYMENT SECURITY PLAN6
Table of Contents
13.0 - Purchased Services
13.1 - Employment Security
13.2 - Joint Employment Security Committee
13.3 - Application
13.4 - Selection
13.5 - Wage and Salary Treatment
13.6 - Displacements
13.7 - General Conditions
13.0 PURCHASED SERVICES
During the term of this Collective Agreement, no regular employee will be declared
surplus in his/her position as a result of the use of purchased services to perform the
work normally performed by that employee.
13.1 Employment Security
Numerous factors may affect the nature and methods of accomplishing work.
Changes in work patterns cannot be prevented but the effect of such changes on
regular employees should be minimized as much as possible. The effect of such
changes on PWU members will be minimized by accommodating required staff
reductions wherever possible by attrition, transfer to other jobs or retraining rather
than layoff.
6 This Article is suspended for the term of this Agreement.
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The provisions of this Article will apply to a regular employee with five (5) or more
years' seniority who becomes surplus from his/her position as a result of contracting
out the work normally performed by that employee. The provisions of this Article will
not apply to regular-seasonal employees.
Employees who become surplus for reasons other than contracting out will be entitled
to Article 11 as applicable.
The definitions contained in Articles 10 and 11 will also apply to this Article.
For the purpose of determining if the employee has sufficient seniority to qualify for
Article 13, his/her seniority will be counted up to the surplus date.
13.2 Joint Employment Security Committee
The function of the Joint Employment Security Committee is to resolve disputes
regarding the appropriate application of Article 13 versus Article 11.
The committee will consist of six (6) regular members, three (3) representing the
Union and three (3) representing the Company. Two (2) additional members from
each party may be added from a work unit affected by the surplus situation under
consideration. Meetings may be called by either party.
In all disputes referred to the committee for settlement, the committee's decision will
be final and binding on both parties.
In the event that the Joint Employment Security Committee is unable to resolve a
dispute, it will be referred to an expedited arbitration process. The intention of both
parties is to have a speedy resolution of the dispute. A list of arbitrators will be
agreed upon who are prepared to meet on short notice (within seven (7) days) and to
render a decision within fourteen (14) days. Verbal decisions will be acceptable and
all decisions are final and binding on both parties.
13.3 Application
When a surplus is identified in a classification in any location, the least senior
employee in the surplus classification in the location shall be declared surplus.
Employees will be notified, in writing, a minimum of three (3) months in advance of
their surplus date. A copy of the notice shall be sent to the PWU office and the Chief
Steward.
13.4 Selection
The following selection criteria apply to vacancies and placement opportunities in
equal and lower-rated classifications:
1. For non-supervisory vacancies, the senior qualified surplus regular
employee applicant will be selected.
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2. Placement opportunities will be filled from among the qualified surplus
applicants so long as there are qualified surplus applicants. For selection to
a placement opportunity in an equal classification (if the equal
classifications have been determined at the time the application is made),
the senior qualified surplus regular employee applicant will be selected.
3. Selections to supervisory positions will continue to be governed by Article
10.1.5(A) except when the vacancy is in the same classification as the
surplus employee in which case the senior surplus applicant shall be
selected.
4. If a surplus applicant is selected to a vacancy he/she must render his/her
decision within three (3) working days of the offer being made. Failure to
do so will be considered a rejection of the offer and will not affect his/her
further treatment under this Article.
When there are no qualified surplus applicants, Management will assess the
capability of the surplus applicants to become qualified in a reasonable period of time.
Management will select from among those assessed to be qualifiable in a reasonable
period of time.
Employees covered by this plan will be given surplus priority consideration from the
date of notification until eleven (11) months after the surplus date. The selection
priority will be the same as detailed in Article 11.16.2 which are repeated here for
ease of application.
The following applies for equal and lower-rated vacancies.
Each category will be considered independently and in the order indicated.
1. Surplus employees represented by the PWU and surplus managerial
services employees7.
2. Employees who were required to displace someone in a lower classification
as a result of being surplus and who were previously in the classification
that is now vacant.
3. Persons on the recall list whose occupational group contains the vacant
classification.
4. As per Article 10.
13.5 Wage and Salary Treatment
The employee's grade and progression step shall be maintained and negotiated
increases shall apply for one (1) year from the surplus date or until the date the
employee accepts a vacancy whichever comes first.
7 Managerial services employees in this context means employees paid from salary schedule 16 with the following exceptions: security
guards, fire and safety inspectors, first aid attendants, and project medical attendants.
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If the employee accepts a vacancy in a lower-rated classification, his/her dollar rate
shall be frozen until the rate for the classification equals the employee's dollar rate,
at which time the normal wage and salary treatment shall apply.
13.6 Displacement
If the employee has not been selected to a vacancy within one (1) year after the
surplus date he/she will be given displacement opportunities available in Article 11
and all other terms and conditions of Article 11 will apply, except for Article 11.4.
All other provisions of Article 13 will cease to apply.
13.7 General Conditions
An employee who is within five (5) years of normal retirement or within five (5) years
of eligibility for undiscounted pension or an employee who is disabled to the extent
that alternate employment will be difficult to obtain, may by agreement between the
Company and the Union, be given special consideration when faced with
displacement.
One (1) year's additional seniority shall be allowed Stewards and Chief Stewards for
the determination of which employees are surplus within the electoral unit of the
Chief Steward.
An employee who is assigned temporary duties or who accepts a vacancy will assume
the working conditions of the position.
A surplus employee who is required to relocate his residence, shall receive moving
expenses in accordance with the provisions of Part A, Section 23.0. Such moves will
be treated as Company-initiated moves.
ARTICLE 14
EMPLOYMENT SECURITY AND WORK ASSIGNMENT8
14.0 It is the Company's intent to use regular staff to perform most of its work of
a continuing nature. Furthermore, the Company will strive to provide
regular staff with stability of employment.
The Working Paper on Staffing and Employment dated March 15, 1985
states Management's intentions with regard to continuity of employment
for regular staff and proportions of work expected to be undertaken by
regular staff. For at least the term of this Collective Agreement, the
Company will not reduce the stated proportions of work to be done by
regular staff.
8 This Article is suspended for the term of this Agreement.
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At the end of each six (6) month period commencing January 1987, the
Company will prepare a statement showing the proportions of work done by
regular staff and make this information available to the PWU.
It is understood that the Working Paper on Staffing and Employment, as
distinct from the terms of the above provisions, does not form part of the
Collective Agreement and is not subject to the grievance and arbitration
process.
14.1 Work Assignment
1. It is understood that the assignment of work to purchased services does not
convey a right to such work in the future, nor does it create any precedent
with respect to future assignment of such work to purchased service
employees by the Employer.
2. It is agreed between the parties that no more than four hundred fifty (450)
of the Company tradespersons will be assigned by the Company at any one
time under the EPSCA Maintenance Assist Agreement to perform work for
the Company. The Company agrees to inform the Union of the number of
Company tradespersons assigned under the EPSCA Maintenance Assist
Agreement on a monthly basis.
ARTICLE 15
SUCCESSOR RIGHTS
ARTICLE 15 - SUCCESSOR RIGHTS
1. The Company shall not agree to or take part in any sale as defined in Article
17.1 (“Sale of Business”) unless the prospective new employer (“Transferee”)
agrees to participate in a Joint Transfer Committee with the PWU and
Company. This committee will engage in meaningful discussions regarding the
scope of transfer, communications regarding the transfer and in respect of the
movement of staff from the Company to the Transferee prior to any transfer
taking place.
2. In respect of a sale of a business under paragraph 1, the company shall not
take any position in any legal proceeding other than to recognize the status,
rights and privileges of the PWU and its members as set out in this Article.
3. The Employer agrees that it will not directly or indirectly request government
to exempt the Company or the Union from the successor rights provisions of
the applicable labour relations legislation.
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The successor rights provisions of the applicable labour relations statute shall
be incorporated by reference into this Collective Agreement. No Board of
Arbitration established pursuant to the grievance and arbitration provisions of
this contract has jurisdiction to make any decision within the jurisdiction of
the Labour Relations Board and nothing herein is intended to affect the
jurisdiction of the Labour Board to resolve disputes related to the application
of the provisions of the statute. For purposes of s.48 of the Ontario Labour
Relations Act and s.57 of the Canada Labour Code, the Ontario Labour
Relations Board or the Canada Labour Relations Board shall be deemed to be a
Board of Arbitration for the resolution of disputes related to the interpretation,
application, administration or alleged violation of this provision of the
Collective Agreement. The remedial powers of the Labour Board shall be as
set out in the relevant statutory provisions governing successor rights.
4. In the case of a Preferred Partnering Arrangement where Inergi work is outsourced
to a Third Party (i.e. Project Acorn or a like transaction), the following shall apply:
i. Enhanced Employment Continuity - Following a transfer to the new employer,
an employee may not be declared surplus for a period of two (2) years from the
date of transfer, unless the employee agrees. In cases where an employee
agrees, then Article 11 applies.
The Employer agrees that it will not directly or indirectly request government to
exempt the Company or the Union from the successor rights provisions of the
applicable labour relations legislation.
The successor rights provisions of the applicable labour relations statute shall be
incorporated by reference into this Collective Agreement. No Board of Arbitration
established pursuant to the grievance and arbitration provisions of this contract has
jurisdiction to make any decision within the jurisdiction of the Labour Relations
Board and nothing herein is intended to affect the jurisdiction of the Labour Board to
resolve disputes related to the application of the provisions of the statute. For
purposes of s.48 of the Ontario Labour Relations Act and s.57 of the Canada Labour
Code, the Ontario Labour Relations Board or the Canada Labour Relations Board
shall be deemed to be a Board of Arbitration for the resolution of disputes related to
the interpretation, application, administration or alleged violation of this provision of
the Collective Agreement. The remedial powers of the Labour Board shall be as set
out in the relevant statutory provisions governing successor rights.
ARTICLE 16
DURATION OF THE AGREEMENT
This Agreement shall come into effect as of the 1st day of October 2012, and shall
remain in effect until the 30th day of September 2015, and thereafter from year to
year unless terminated by written notice given by one of the parties to the other
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within a period of not more than two (2) months, but not less than one (1) month prior
to the anniversary date.
In the event that either party desires to amend the Agreement but not to terminate
the same, either party may, by notice in writing not more than ninety (90) days and
not less than thirty (30) days before the anniversary date, serve notice of the
proposed amendments and both parties shall thereupon commence to negotiate in
good faith with a view to arriving at an agreement on the proposed amendments and
all provisions of the Agreement, other than those proposed to be amended, shall
continue in full force and effect.
ARTICLE 17 – TRANSFER OF EMPLOYEES ON CHANGE OF EMPLOYER
1. In this Article transfer shall mean any sale, lease, transfer or any other
transaction between the Company and any other entity, by virtue of which the
control over any part of the Company’s business or assets becomes held by such
other entity and the Company’s employees become employees of a new
employer.
2. The Company recognizes the importance of securing for employees opportunity
for continuing employment with the new employer and are committed to using
its best efforts in securing such opportunity for employees with the new
employer.
3. Prior to the new Company commencing operations, the Company and the new
receiving company will define the scope of work, the job classifications involved
and the staffing required for each job classification together with employee
category.
4. When such information has been gathered, the PWU and the Company will
meet to review the staffing requirements and confirm the full-time equivalents
together with the affected job classifications.
5. Based upon the step outlined in paragraph 4 above and a current seniority list
for the affected employees, an allocation will be made using the rule of “senior
choice/junior force”. This joint allocation will determine the staffing
complement and employees allocated to the new employer.
6. The PWU and the Company will, prior to a new employer commencing
operations, ask those selected employees, employed at the Company, their
intention to continue employment with the new employer.
The Company and the PWU agree issues may arise with respect to employees
who refuse ongoing employment opportunity with the new employer.
Therefore, the parties agree as follows:
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a) At a time selected by the Company, in consultation with the PWU, but no
later than sixty (60) days before the new employer commences operating
the business, employees at the Company will be asked to state in writing
their intention to accept continuing employment with the new employer.
b) The PWU and the Company will attempt to resolve all issues that arise
upon the refusal of any employee to accept continuity of work with the new
employer.
c) If there is no agreement on issues relating to employees who decline
continuing employment with the new employer, the issues will be
submitted to an expedited mediation/arbitration process. Martin Teplitsky
Q.C. will be the mediator/arbitrator. The mediator/arbitrator will have
discretion to make any award that he considers fair and reasonable in all
of the circumstances.
7. The Company agrees that it shall provide in writing to the PWU at the earliest
possible time after selection of the new employer but in any event prior to the
time period in paragraph 6(a) above, all available information relating to the
new employer that is relevant to employees and that is not confidential.
8. Effective on the date the Company officially provides the PWU with a listing of
the staff positions and numbers to be transferred to the new employer the
following will apply:
I. Subject to (III), an employee who successfully applies for a vacancy in the
affected business shall thereafter exercise seniority rights within the
affected business and will have no seniority rights enforceable outside the
affected business notwithstanding any other provision of the Collective
Agreement.
II. Employees at the affected business may apply for vacancies outside the
affected business in accordance with the applicable provisions of the
Collective Agreement up to thirty (30) days prior to the scheduled date for
closing of the transaction but not thereafter.
III. An employee in the Company who is declared over-complement/surplus by
the Company prior to the date of closing shall have full rights under Article
11.
IV. Employees at the Company who are eligible for regular retirement or
undiscounted retirement on or before the date of closing of the transaction
to transfer shall be given sixty (60) days notice of their right to make an
irrevocable election within that sixty (60) days and prior to the closing date
to retire effective on the closing date. Should an employee make a decision
to retire they will retire effective on the date of the closing and receive a
lump sum payment equal to one (1) year’s base salary. This amount will be
63
paid as a retirement allowance. The employee may direct all or a portion of
this payment into an RRSP up to the amount permitted by law. The
employee shall provide the Company with the appropriate form directing
the payment into his/her RRSP.
V. If the Company needs to replace the services provided by the new employer
and the Company is still accountable to provide these services to its Clients,
those former employees will be given the opportunity to return to the
Company with their jobs, service, rights and entitlements intact. If any
such employee was subject to wages, benefits and/or Pension Plan
provisions that were more provident than this Collective Agreement, such
wages, benefits and Pension Plan provisions will be red circled until such
time as the related provisions in this Agreement are equal or better.
VI. If the new employer reduces the total complement of employees at the
affected business which results in the permanent layoff of former Company
employee(s), the employee(s) identified to be permanently laid off will be
entitled to apply to vacancies existing within the original Company, having
preference over new hires and exercising seniority rights equal to their
original Company service plus service accumulated with the new employer.
9. An employee who is not afforded the opportunity for continuing employment by
the new employer shall have full rights under Article 11.
10. The PWU agrees that no proceedings will be brought against the Company
claiming the Company is a related or common employer with the new employer
or any of the new employers related or subsidiary businesses so long as the
relationship in the Agreement contemplated in paragraph I does not materially
change.
11. Retraining/Reskilling
A Joint Team will be established to explore retraining/reskilling opportunities within
the Company. Prior to any running of Article 11 the Joint Team will explore the
business needs, reskilling and retraining opportunities within the Company, tuition
opportunities, outplacement opportunities, benefits continuance and any other issues
that may arise.
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Signed
Inergi LP
Director, Human Resources
Signed
Power Workers’ Union
Canadian Union of Public Employees - Local 1000
______________________________
Vice-President, Sector 3
appointed to execute this Agreement on behalf of the Union.
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PART A
GENERAL ITEMS
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TABLE OF CONTENTS
PART A
GENERAL ITEMS
1.0 EMPLOYEE CATEGORIES
2.0 REGULAR STATUS
3.0 ANNIVERSARY PROGRESSION
4.0 RETROGRESSION POLICY
5.0 SERVICE CREDIT
6.0 VACATIONS
7.0 STATUTORY HOLIDAYS
8.0 FLOATING HOLIDAYS
9.0 SPECIAL TIME OFF
10.0 LEAVE OF ABSENCE
11.0 PREGNANCY/ADOPTION/PARENTAL LEAVES
12.0 DISABILITY BENEFITS AND INCOME PROTECTION
13.0 HEALTH INSURANCE PLANS
14.0 PENSION AND INSURANCE
15.0 RETIREMENT
16.0 REDUCED HOURS OF WORK FOR EMPLOYEES WHOSE NORMAL
HOURS OF WORK ARE FORTY (40) PER WEEK
17.0 PAYMENT FOR ALLOWANCES
18.0 HEADQUARTERS
19.0 TRAVELLING TIME OUTSIDE NORMAL WORKING HOURS
20.0 COMPENSATION AT TEMPORARY HEADQUARTERS
21.0 METROPOLITAN TORONTO BOUNDARIES
22.0 KILOMETRE RATES
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23.0 TRANSPORTATION AND MOVING EXPENSES
24.0 MEAL PROVISIONS
25.0 PROMOTIONS
26.0 JOINT COMMITTEES
27.0 DISTRIBUTION OF AGREEMENT AND WAGE SCHEDULES
28.0 TIME CHARGES - UNION ACTIVITIES
29.0 EYE PROTECTION
30.0 PERSONAL TOOLS
31.0 SPECIAL CLOTHING FOR EMPLOYEES
32.0 PURCHASING PRIVILEGES - SURPLUS EQUIPMENT STORES
33.0 RETURN OF COMPANY PROPERTY
34.0 TIME CHANGE - SHIFT WORKERS
35.0 REST PERIODS
36.0 WEEKLY PAY DAYS
37.0 RELIEF WORK, ACTING IN VACANCIES AND TEMPORARY AND
ROTATIONAL ASSIGNMENTS
38.0 HOURS OF WORK
39.0 SHIFT DIFFERENTIAL AND SHIFT WORK
40.0 OVERTIME
41.0 MEMBERSHIP LISTS
42.0 GOAL SHARING PLAN – TSDC AND LOB STRUCTURE
43.0 WORK ASSIGNMENTS BETWEEN BARGAINING UNITS
44.0 EMPLOYEE TRAINING AND DEVELOPMENT
45.0 DESIGNATED EMPLOYEES SUPPORTING US CLIENTS
46.0 GOVERNMENT DECLARED EMERGENCIES
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PART A
GENERAL ITEMS
1.0 EMPLOYEE CATEGORIES
All employees fall into one or the other of four principal categories as outlined below.
1.1 Probationary
This category describes persons taken on strength on a probationary basis with the
prospect, if their services are found satisfactory, of a change of category to regular
full-time or regular part-time (Section 1.2, following).
1.2 Regular
Regular employees are those employees who, having satisfactorily met the job
requirements, are judged medically fit by the Company appointed Physician for
positions which are part of the continuing organization of the Company. They must
have served the required time in a probationary category which is part of the
Company’s continuing organization, or in a temporary category which becomes part of
the Company’s continuing organization.
1.2.1 Regular Full-Time
Regular full-time employees work the regular hours of the classification into which
they are hired.
1.2.2 Regular Part-Time
The establishment of a regular part-time position is a joint decision of local
management and the Chief Steward made in a spirit of trust and co-operation. The
parties will ensure that regular part-time positions are appropriately used to
maintain corporate effectiveness, not to split a regular full-time position.
Regular part-time employees are regularly employed on an average of twenty-four
(24) hours or less per week calculated on a monthly basis. They are employed for a
minimum of sixteen (16) hours per month. Regular part-time employees are treated
as regular employees except where noted otherwise.
Pro-Ration Formula: The regular part-time employee benefit pro-ration formula is
calculated based on the hours worked by the regular part-time employee expressed as
a percentage of the normal scheduled number of hours for the classification. Where
the number of regular part-time hours vary in a week it will be necessary to calculate
this percentage over a jointly agreed upon extended period to get an accurate figure.
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1.2.3 Regular - Job Share
Regular full-time employees interested in job sharing arrangements shall find an
appropriate partner from the same work location with similar skills and the same or
lower terminal rates. These employees must establish an acceptable arrangement
between themselves before approaching Management with the request.
Upon attaining agreement between Management and the employees, the job share
arrangement will operate for a trial six (6) month period. Following the six (6) month
trial period, the arrangement will:
(a) be considered a temporary arrangement and be extended by a maximum of
six (6) months at which time the arrangement will end,
OR
(b) be considered a permanent job share arrangement. At this time the vacated
position will be posted and filled in accordance with Article 10. In the case
of the permanent job share arrangement, the incumbents are required to
remain in their arrangement until one (1) partner permanently leaves the
job share. At that time, the other partner is required to assume
responsibility for the full-time position on thirty (30) days’ notice.
Employees engaged in a job share work arrangement are regular part-time employees
for the purposes of benefits administration. Employees in job share arrangements
will revert to regular full-time status for the purposes of application of Article 10 and
Article 11.
Service credit for time spent in job sharing arrangements will be calculated on a pro-
rata basis.
1.3 Temporary (Not Applicable for those Classifications in
Supplementary Employee Referral Program (SERP)
Temporary employees are hired to perform work that is expected to last for a short
period of time or to perform work in place of a regular employee who is absent from
his/her position.
For temporary full-time and temporary part-time employees, accumulated service
shall mean the period of employment during which there has been no break in
employment exceeding five (5) months.
1.3.1 Temporary Full-Time
Temporary full-time employees work the regular hours of the classification into which
they are hired and may be engaged for up to twenty-four (24) months of accumulated
service.
1.3.2 Temporary Part-Time
Comment [t1]: This wording is new for 2012 – added underline to differentiate from bold heading
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Temporary part-time employees are employed for a period of up to twelve (12)
accumulated months on an average of twenty-four (24) hours or less per week
(calculated on a monthly basis). Temporary part-time employees are treated as
temporary employees except where noted otherwise. Benefits are pro-rated the same
as regular part-time employees.
To ensure that temporary part-time employees are properly classified as temporary,
an assessment is to be made as to the regular or temporary status of the position
whenever the temporary part-time employee is employed for twelve (12) continuous1
calendar months. This assessment is subject to the grievance procedure.
This assessment is made based on the definition of a regular part-time position, i.e.,
the work is of a continuing nature with a minimum of sixteen (16) hours in a calendar
month. If the position is determined to be temporary this will be conveyed to the
Chief Steward (the employee should be given an end date and will remain
temporary).
If the position is determined to be regular part-time, a joint discussion must take
place as per the regular part-time provisions in the Agreement prior to the position
being posted. If the incumbent's employment exceeds twelve (12) continuous months
the incumbent will be given regular part-time status and the incumbent's seniority
will be calculated on a pro-rated basis.
If as a result of the assessment above, the position is still temporary part-time at the
twelve (12) month accumulated service mark one of the following options must be
selected:
1) the job is posted as a regular part-time. This decision is a joint decision as
per regular part-time provisions in the Agreement.
2) The Steward agrees to an extension of the temporary part-timer's service
for a specific period and the employee retains temporary status.
3) The temporary part-timer is terminated.
Accumulated service applies to temporary employees. Such employees do not have
either seniority or service credit.
1.3.3 Benefits
The following are the benefit provisions that apply to temporary employees.
1.3.3.1 Vacations
Entitled to a cash vacation allowance of four percent (4%) of accumulated wages.
1 If an employee commences on January 20th and works any portion of a calendar month for 12 continuous months, they will have 12
continuous calendar months service on January 20th of the following year.
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After 12 months of accumulated service an employee is eligible to one working day
vacation for each full month of service to a maximum of ten (10) days.
1.3.3.2 Statutory Holidays
Temporary employees will be entitled to statutory holiday pay provided that they
have more than three (3) months' accumulated service.
Temporary part-time employees will be entitled to statutory holiday pay provided
that they:
1. Have more than three (3) months' calendar service;
2. Have worked on at least twelve (12) days during the four (4) weeks
immediately preceding the holiday;
3. Have worked on their scheduled regular day of work preceding and
following the holiday.
Payment for such statutory holidays will be the amount the employee would normally
earn on a scheduled day of work.
1.3.3.3 Floating Holidays
Temporary employees who have accumulated twenty (20) weeks' service in a calendar
year will be entitled to three (3) floating holidays subject to the following:
1. Floating holidays may be taken on such days as the employee and his/her
supervisor mutually agree upon, following reasonable advance notice on the
part of the employee.
2. Floating holidays shall not be carried over into the following year unless
work considerations prevent the employee from taking the floater(s) in the
year of entitlement.
3. Where the employee is unable to reach mutual agreement with his/her
supervisor to take his/her floating holiday(s) before year-end because of
absence due to illness, unused floating holidays will be assigned on the last
working day(s) of the year.
4. Where an employee falls sick on his/her scheduled floating holiday, that day
will not be charged against his/her sick leave credits, but shall be treated as
a floating holiday for pay purposes.
5. Entitlement on Termination: If the employee terminates after having
accumulated twenty (20) weeks' service in the calendar year, the Company
will make a cash payment in lieu of any unused floating holiday credit.
If the employee terminates prior to accumulating twenty (20) weeks' service
in the calendar year, entitlement will be as follows:
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(a) If the employee has not qualified for entitlement in the previous year,
he/she will have no entitlement in the current year. If he/she was
granted a floating holiday under 4. above, the Company will recover
one (1) day's pay for each floating holiday taken.
(b) If the employee has qualified for entitlement in the previous year,
his/her entitlement will be pro-rated based on the number of weeks'
accumulated service in the year of termination. For example, an
employee who terminates after accumulating five (5) weeks' service
in the year would be entitled to 5/20ths of three (3) days.
The Company will either make a cash payment in lieu of any unused
floating holiday credit or recover the value of the unearned portion of
floating holidays taken under 4. above.
In no case will an employee be entitled to more than three (3) floating
holidays or floating holiday credit in a calendar year.
6. Temporary part-time employees shall receive pro-rated payment.
1.3.3.4 Sick Leave Entitlement
Temporary employees shall earn sick leave credit of one-half day at one hundred
percent (100%) pay for each month of accumulated service.
1.3.3.5 Health Insurance Plan (Excluding Summer Students Regardless of
Wage Schedule Paid From)
These employees shall be considered as a group in order that they may apply to
participate in the Supplementary Plan and the Extended Health Benefit Plan at
group rates. One hundred percent (l00%) of all premiums will be paid by the
employees.
The Company will pay one hundred percent (l00%) of the Ontario Health Insurance
Plan premium for temporary employees who have four (4) months' accumulated
service.
1.3.4 Additional Benefits for Temporary Employees with 12 Months or
Greater Accumulated Service
Temporary employees hired on or after October 1, 2007 shall not be entitled to any benefit
coverage, or payment in lieu of coverage, for the first six months of their employment
unless required by legislation.
a) Payment in lieu of benefits for temporary employees hired on or after October 1,
2007 shall be reduced to 10% of their base pay for their second year of
employment and 5% of their base pay paid retroactively for months 7-12 of their
first year of employment, providing they continue to be employed after
completing their first year of employment unless required by legislation.
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A temporary employee who achieves twelve (12) months or greater accumulated
service will be entitled to one (1) days bereavement leave and be released from duty
without reducing base earnings in the event of the death of a family member as
described in Part A, Item 10.1.2
In the event of layoff, any temporary employee who has twelve (12) months or greater
accumulated service will be entitled to severance pay of one (1) day’s pay for each
month of service for the full term of employment.
Once an employee achieves regular status, they will be given the option of buying
back the time that is deemed to be probationary for pension purposes.
1.3.5 Notice of Termination
When the employment of a temporary employee is terminated for other than cause,
he/she is entitled to one (1) week's notice in writing if his/her period of employment is
three (3) months or more.
2.0 REGULAR STATUS
Appointments to regular status are contingent on satisfactorily meeting the
Company’s medical requirements.
1. Probationary employees must serve six (6) months on probation. If service
is satisfactory, they may be accorded regular status at that time. Regular
part-time probationary employees must serve up to six (6) calendar months
on probation.
2. Where it can be foreseen that full-time work at a location within the PWU’s
jurisdiction will be ongoing for more than a twenty-four (24) month period
or full-time work at a location has been ongoing for a twenty-four (24)
month period, the full-time position will be posted and filled as a regular
position in accordance with Article 10. Gaps of two months or less in
continuity of the full-time work will not limit the employer’s obligation to
post and fill said position.
The Employer shall meet quarterly with the Union to provide detailed
information on all upcoming work as far in advance of the work as possible.
Once a temporary employee has attained twenty-four (24) months of
accumulated service he/she shall be granted regular full time employee
status. In such circumstances the employee`s position will be considered a
vacancy and posted. If the former temporary employee is not selected to this
vacancy he/she will be declared surplus in accordance with Article 11.
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No later than eighteen (18) months after the commencement of work by a
temporary employee, or a combination of temporary employees performing
work in the same classification at a location, the Employer shall notify the
Union of its intention to (a) post and fill full time regular position(s) in the
appropriate classification or (b) lay off the temporary employee within the
next six (6) months.
Should the Employer select option (b) above, no temporary employee will be
hired to perform work in that classification at that location for the next six
(6) months. Upon agreement of the Union this period may be reduced on a
case by case basis to a period of no less than three (3) months.
3.0 ANNIVERSARY PROGRESSION
Progression dates shall be calculated from the date of appointment or promotion to
the position. Subsequent salary adjustments shall be on anniversary dates except as
otherwise specified on the appropriate wage schedule.
NOTE
(a) The progression date for a regular part-time employee
who works on average fifty percent (50%) or more of
the base hours of the full-time classification for the
year will be at the completion of one and one-third
years of service.
(b) The progression date for a regular part-time employee
who works on average less than fifty percent (50%) of
the base hours of the full-time classification for the
year will be at the completion of two (2) years service.
As a regular practice employees shall automatically progress from minimum to
maximum as indicated in the respective wage schedules subject to the following:
3.1 Withholding Progression (Unsatisfactory Performance)
If an employee fails to make satisfactory progress his/her progression may be
withheld for a period of six (6) months. (eight (8) months for a regular part-time
employee working fifty percent (50%) or more of the base hours; twelve (12) months
for regular part-time employee working less than fifty percent (50%) of the base
hours.)
In taking this action the Company shall provide the employee with one (1) month's
notice and the reason for the withholding.
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The performance of an employee whose progression has been withheld as above will
be reviewed within seven (7) months (nine (9) months for a regular part-time
employee working fifty percent (50%) or more of the base hours of the classification
and fourteen (14) months for regular part-time employee working less than fifty
percent (50%) of the base hours of the classification). If progress and general
performance are found to be satisfactory, progression shall be granted. If not, the
employee shall be either transferred or dismissed.
If at the time of this review the employee's progress and general performance were
found satisfactory and if six (6) months after the review his/her performance has
continued to be satisfactory, he/she may be granted the next step in his/her
progression.
This will then re-establish his/her original progression status.
If an employee in a recognized hourly-rated training program has not reached the
acceptable level of performance his/her progression may again be withheld in
accordance with the above. Progression to the journeyperson or job rate will not be
delayed by more than six (6) months.
3.2 Deferral of Progression (Absences from Work)
When an employee has been absent from work for a period in excess of three (3)
months, excluding approved vacation, his/her progression may be deferred without
prior notice for a period of time not to exceed the length of the absence. Subsequent
progression dates may be adjusted accordingly.
3.3 Relief Progression Time
Employees who perform relief, acting, temporary or rotation time in a position for
three (3) calendar months or more will have that time and satisfactory progression
associated with that position counted toward their progression. Such time and
subsequent relief, acting, temporary or rotation time will be cumulative, provided
there is not a break of twelve (12) months or more between relief, acting, temporary
or rotational periods. Once an employee has accumulated enough time to proceed to
the next step under the constraints mentioned above, they will move to the next
appropriate step as per their wage schedule. In the event the employee is successful
to a vacancy in the same classification, their relief time will be counted towards their
progression.
4.0 RETROGRESSION POLICY
The term 'retrogression' is used to indicate a gradual reduction in pay to
predetermined adjusted rate.
4.1 Where Applicable
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1. Retrogression shall apply where a regular employee becomes unable to
perform the duties of a job for which he/she is receiving the standard rate
and is transferred to a lower-rated job because of:
(a) A disability caused by accident or illness.
(b) Inability to cope with increased responsibility due to change in job
content.
(c) Where the unsatisfactory performance is due to faulty selection and
the employee has served in the position for a period of at least one (1)
year.
Any retrogression for medical reasons is subject to ratification by the
Company appointed Physician.
2. Retrogression shall not apply where:
(a) An employee has less than ten (10) years' established service credit.
(b) The change to the lower-rated job is made at the request of the
employee to escape heavy work or responsibility or for personal
reasons.
(c) The change to the lower-rated job is made necessary for
unsatisfactory job performance due to causes other than in Section
4.1(1.).
NOTE
Where retrogression does not apply, the employee will
receive the job rate for the new job effective at the time of
transfer to the new job.
4.2 How Applied
The Company will endeavour to provide an employee to whom Section 4.1(1) applies
with work he/she is capable of performing. His/her rate of pay shall be calculated as
follows:
1. A new rate for the employee will be calculated at the time the employee is
retrogressed. This is calculated by adding to the base rate of the new
classification an additional two and one-half percent (2.5%) (except as
specified below) of the differential between the base for the new job and the
base rate for the employee's former job for each year by which his/her
continuous service exceeds ten (10) years at the time of transfer. For
regular part-time employees, the new rate is calculated on an hourly basis.
For employees with twenty-five (25) or more years of service, where the
reason for retrogression is one of 4.1(1)(a) or (b), five percent (5%) is used in
the calculation instead of two and one-half percent (2.5%).
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The calculation determines the rate to which the employee's pay will be
reduced.
2. The reduction in rate will take place in steps each amounting to but not
exceeding approximately four percent (4%) of his/her former base rate.
(Hourly rate for regular part-time employees.) The first step shall occur
three (3) months after he/she has been transferred to the new job. The
subsequent steps shall occur at six (6) month intervals until the rate
determined in 4.2(1.) has been reached.
3. Where the retrogressed employee is unable to do the job to which he/she has
been retrogressed and demotion to another job is necessary, the rate for this
new job shall be based on the differential between the base rate of the
original job from which he/she has been retrogressed and the base rate of
his/her new job.
4. While retrogression is in progress and after retrogression is completed,
increases in pay that occur will be applied only to the base rate for the new
job and the retrogressed employee will only receive a benefit when the base
rate for the new job exceeds his/her adjusted rate.
5. It shall be the responsibility of each Human Resources Consultant to advise
the Union in writing when any employees are placed on retrogression. This
information will be provided to the Union as soon as possible but in any
case before the reduction in rate specified in 4.2(2.) takes place.
4.3 Special Provisions
1. Retrogressed employees who are within ten (10) years of being eligible to
retire without discount or who are within fifteen (15) years of normal
retirement, shall have their rate frozen until the rate for the job being
performed catches up to the frozen rate.
2. An employee with twenty (20) years' service who is retrogressed for medical
reasons related to the working conditions and job environment during a
significant portion of his/her employment with the Company, will have
his/her wages maintained until he/she is eligible for an undiscounted
pension. The wage rate will be frozen thereafter.
The medical reasons will be reviewed and assessed by the LTD Review
Committee.
3. If, in the opinion of the LTD Review Committee, an employee is
retrogressed because of a serious injury that resulted from an on-the-job
accident with the Company, he/she will have his/her wages maintained
until he/she is eligible for an undiscounted pension. This provision will
apply to all regular employees regardless of service.
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4. An employee with ten (10) years' service who is retrogressed because of a
muscular-skeletal repetitive strain injury or injury arising therefrom, which
is deemed compensible by the WSIB and relates to his/her working
conditions with the Company will have his/her wages maintained until
eligible for an undiscounted pension. The wage rate will be frozen
thereafter.
The medical reasons will be reviewed and assessed by the LTD Review
Committee.
4.4 Nothing in this regulation will override special commitments that have
been made by the Company that in certain instances rates of pay will be
maintained.
5.0 SERVICE CREDIT
5.1 Introduction
This item defines service credit and describes the basis for calculating service credit
for all purposes except those of the Pension Plan which are covered in the Inergi LP
Pension Plan Rules.
The application of such service credit to vacations, LTD, sick leave and other benefits
will continue to be governed by the appropriate instructions.
5.2 Service Credit Calculation
In most cases the service credit of a regular employee is that employee's seniority.
The exception to this can be found in Article 10.1.2 where an employee who is
appointed to a position within the PWU jurisdiction from a bargaining unit, which
restricts seniority to its own membership, has his/her seniority limited to service
within the PWU bargaining unit.
Seniority applies to regular, regular-seasonal, and probationary employees only.
Temporary employees have accumulated service only.
Service credit will not be granted for absences without pay of greater than thirty (30)
days with the exception of:
1. Normal and Extended Pregnancy/Parental/Adoptive leave.
2. Elected Union officials absent on Union business.
3. Medical leave of absence.
4. Time off in lieu of overtime worked.
5.2.1 Regular Employees
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Service credit shall be the period of employment with the Company and any service
restored as per Part A, Item 5.3.
5.2.2 Temporary Full-Time and Part-Time Employees When Granted
Regular Status
When temporary employees are granted regular or regular-seasonal status, service
credit shall be granted for all previous full-time service and on a pro-rata basis for all
part-time service.
5.3 Restoration of Service Credit
Regular employees who terminate and are re-employed to a continuing position shall
have their service credit restored. Proof of past service must be provided by the
employee in the first sixty (60) days of re-employment unless the Company is capable
of providing the proof within the first sixty (60) days of re-employment. They shall
not be required to serve a further probationary period. No service credit will be
allowed for the period between termination and re-employment. Regular employees
who were formerly employees of Ontario Hydro shall have their service credit
restored as per Article 10.4.
Former regular employees who are rehired for temporary full-time or temporary part-
time assignments will not be granted regular status upon rehire. Former regular-
seasonal employees will retain regular-seasonal status when rehired for a temporary
assignment, within one (1) year of their last termination date.
5.4 Restoration of Previous Service for Pregnancy Leave
Female employees of the Company or its predecessor, Ontario Hydro, who were
granted pregnancy leave will be eligible for service credit as follows:
(a) those employees who took normal pregnancy leaves will be eligible for
service credit up to a maximum of seventeen (17) weeks.
(b) those employees who took extended pregnancy leaves on or after April 1,
1977 will be eligible for service credit for the full duration.
6.0 VACATIONS
6.1 General Policy
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Having due regard for the Company’s requirement to provide service to clients at all
times and the desire to accommodate employee vacation request, vacation for
employees will be scheduled in accordance with the following:
1. Employees may submit a request for a preferred vacation by or before
February 1 of each calendar year.
2. By February 28, the Company will post a vacation schedule. Where
more employees in a work group request the same preferred vacation period
than may be granted by the Company, employees will be granted vacation
preference by seniority.
3. Employees may submit vacation requests for additional vacation at
any time prior to September 1. The Company shall schedule additional
vacation requests by work group on a “first come, first serve” basis after the
preferred vacation schedule is posted. The Company shall respond to employee
vacation request in a timely manner.
4. Employees who do not submit a preferred vacation request by
February 1, or a request for additional vacation by September 1, will have their
vacation scheduled by management following discussion with the employee.
5. Employees in the same classification and work group my trade
approved vacation periods, subject to their supervisor’s approval.
6.2 Relationship between Vacation Year and Calendar Year
For the purpose of calculating vacation allowances, the vacation year commences July
1st of the previous year and ends June 30th of the calendar year in which the
vacation is to be taken.
Vacation Year
(established credits)
June 30
July 1
Jan 1
Dec 31
Calendar Year
(to be taken)
6.3 Vacation Entitlement
Effective January 1, 2005 employees may elect to receive their vacation bonus as paid
time off. Such an election must be made known to the employee’s supervisor prior to
January 31st of each year. These vacation bonus days may be taken, subject to
supervisor’s approval, in the calendar year in which the bonus would have been paid
out.
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Definition: The Employment Standards Act states that every employer shall give to
each employee a vacation with pay of at least two (2) weeks upon the completion of
each twelve (12) months of employment. The amount of pay for such vacation shall
not be less than an amount equal to four percent (4%) of the wages of the employee in
the twelve (12) months of employment for which the vacation is given.
Wages are defined as any monetary remuneration payable by an employer to an
employee under the terms of a contract of employment as well as any payment under
the Employment Standards Act except vacation pay. Included in wages are
termination pay, overtime pay, holiday pay, sick pay, equal pay adjustments, shift
differentials, premiums for weekend or holidays, on-call and standby.
Wages do not include vacation pay previously paid in the twelve (12) month period,
supplementary unemployment benefits, tips or other gratuities, gifts and bonuses
that are dependent on the discretion of the employer and are not related to hours,
production or efficiency. Also excluded are travelling allowances or expenses,
contributions made by an employer to pension funds, unemployment insurance, death
grants, disability plans, accident plans, sickness plans, medical plans, nursing plans
or dental plans.
Where an employee receives a greater benefit for vacation or vacation pay, that
benefit will prevail over the conditions set out in the Employment Standards Act.
The amount of pay for a vacation shall be not less than an amount equal to four
percent (4%) of the accumulated wages of the employee in the twelve (12) months of
employment for which the vacation is given and in calculating wages no account shall
be taken of any vacation pay previously paid.
Regular Employees
A regular employee shall be eligible for a vacation of:
Less than One (1) Year's Service by June 30th: One (1) working day for each full
month of service completed between June 30th of the previous year and July 1st of
the current year up to a maximum of two (2) weeks (ten (10) working days).
The employee shall be paid four percent (4%) of the accumulated wages in the year
for which the vacation is given.
For One (1) Year and Less Than Three (3) Years' Service: Ten (10) working
days (two (2) weeks) annually. Vacation pay shall equal ten (10) days' base earnings
or four percent (4%) of accumulated wages, whichever is greater.
For Three (3) to Seven (7) Years of Service: Fifteen (15) working days (three (3)
weeks) annually when an employee has completed from three (3) to seven (7) years of
service by the end of any calendar year. Vacation pay shall equal fifteen (15) days'
base earnings or four percent (4%) of accumulated wages whichever is greater.
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For Eight (8) to Fifteen (15) Years of Service: Twenty (20) working days (four (4)
weeks) annually when an employee has completed eight (8) to fifteen (15) years of
service by the end of any calendar year. Vacation pay shall equal twenty (20) days'
base earnings.
For Sixteen (16) to Twenty-Four (24) Years of Service: Twenty-five (25)
working days (five (5) weeks) annually when an employee has completed sixteen (16)
to twenty-four (24) years of service by the end of a calendar year. Vacation pay shall
equal twenty-five (25) days' base earnings.
In the year in which the employee is first eligible for twenty-five (25) working days'
vacation, he/she shall be granted it in one continuous period if he/she so requests.
NOTE
Employees hired on the first working day of January shall be
deemed to have completed a calendar year on December 31st
of the same year.
For Twenty-Five (25) or More Years of Service: Thirty (30) working days (six (6)
weeks) vacation in the calendar year in which he/she completes twenty-five (25) years
of service, and in each succeeding year.
Vacation Bonus
In the calendar year in which a regular employee completes:
26 years' service - 1 day's base pay
27 years' service - 2 days' base pay
28 years' service - 3 days' base pay
29 years' service - 4 days' base pay
30 years' service - 5 days' base pay
31 years' service - 6 days' base pay
32 years' service - 7 days' base pay
33 years' service - 8 days' base pay
34 years' service - 9 days' base pay
35 years' service - 10 days' base pay and beyond
The vacation bonus shall be calculated on the employee's base rate of pay as of July
1st of the year in which the bonus is payable. These bonuses are payable on the
closest payday to July 1st of each year.
Regular Part-Time Employees
Regular part-time employees are eligible for paid vacation time off. The entitlement
is based on calendar years of service and payment for time off is calculated on a pro-
rata basis (Ref. Part A, Item 1.2.2).
Probationary Employees
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A probationary employee shall be entitled to a vacation of one (1) working day for
each full month of service completed between June 30th of the previous year and July
1st of the current year up to maximum of two (2) weeks (ten (10) working days).
Four percent (4%) of the total pay of the employee shall be paid in the year for which
the vacation is given, whichever is greater.
Temporary Employees Made Regular
On attaining regular status, temporary employees will receive vacation entitlement
for all service as defined in Part A, Item 5.2.2.
Temporary Employees
For less than one (1) year's accumulated service: Entitled to a cash vacation
allowance of four percent (4%) of all accumulated wages.
6.4 Special Provisions and Allowances
6.4.1 Deferment or Interruptions of Vacations
Reimbursement will be made for out-of-pocket expenses incurred by an employee
who, at the request of the Company, either defers an approved vacation or returns
before the vacation has expired.
When an employee is called back from vacation or when an employee's vacation is
cancelled at the request of the Company, the employee shall receive premium rates of
pay for all normal hours worked on cancelled vacation days for which seven (7)
calendar days' notice has not been given up to a maximum of seven (7) calendar days.
NOTE
In the above cases, the deferred or interrupted vacation days
are to be rescheduled at a later date subject to Sections 6.1
and 6.5.
6.4.2 Statutory Holidays and Vacations
If statutory holidays, to which an employee is entitled with pay, occur within his/her
vacation period, the employee shall be granted an additional day's vacation for each
in lieu thereof.
6.4.3 New Employees
An employee joining the staff between January 1st and June 30th and taking a
vacation before July 1st, shall receive only the days allowed for service to the date of
commencing the vacation. Any remaining days credited for service between the
vacation commencement date and June 30th shall be taken between July 1st and
December 31st.
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An employee joining the staff between January 1st and June 30th and taking his
vacation after July 1st, shall receive only the days allowed for service to June 30th.
If an employee joins the staff between July 1st and December 31st, no vacation
allowance can be used until after December 31st.
6.4.4 Re-engaged Employees
An employee whose employment is terminated and who is re-engaged within twelve
(12) months of termination shall be granted a vacation allowance based on the
employee's re-established service credit (see Part A, Section 5.0). However, the initial
vacation allowance, while pro-rated on the same basis as above, must be taken as
outlined in Section 6.4.3.
6.5 Postponed Vacations
6.5.1 With the exception of new employees as outlined in Section 6.4.3, vacations
appropriate to the particular calendar year may be granted at any time but
normally must be completed by the end of that year. Carry-over or
postponement of vacations beyond the end of that year shall be in
accordance with the following:
1. Where it is mutually agreeable, the employee may carry-over a
maximum of two (2) week's vacation to the following year (to be taken
by May 31st of that following year). Request for carry-over must be
made prior to September 1st.
2. Under special extenuating circumstances (as identified in Subsections
6.4.2, 6.5.2 and 6.5.4), application for postponement or carry-over of
more than one (1) week's vacation may be made to the respective
director, or official of equivalent rank, but the vacation must be
completed by April 30th of the next year.
6.5.2 An employee who is on sick leave shall not be granted a vacation until
judged fit to return to work. If still disabled when sick leave credits expire,
however, the employee may be placed on earned vacation.
6.5.3 An employee who becomes ill while on vacation shall not be placed on sick
leave until after termination of the vacation. Under exceptional
circumstances in case of very serious illness, sick leave may be granted at
the discretion of the Company appointed Physician. The employee would
then be entitled to the unused portion of his/her vacation after recovery
from the illness.
Minor illnesses and injuries may cause some degree of discomfort or
disability to an employee while on vacation. Yet for the most part, these do
not necessitate complete removal from the vacation setting or loss of the
beneficial effects of the holiday. However, when an employee on vacation
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becomes seriously ill or injured and as a result must be removed from
vacation setting entirely, he/she should be entitled to sick leave.
The decision as to when an illness or non-occupational injury is sufficiently
severe to justify transfer from vacation to sick leave should be made on
medical grounds and rests with the Company appointed Physician.
Normally hospitalization or complete confinement to bed in the home under
regular physician's care have been the criteria used to judge severity, often
after consultation with the attending doctor. "Exceptional circumstances"
may include a number of things such as hospitalization, the need to be
flown home from a trip abroad, becoming seriously ill on the first day of
vacation, etc.
The decision to transfer from vacation to sick leave must be based on
reliable medical evidence and made by the Company appointed Physician.
All cases of requests for such consideration should be referred to the
Company appointed Physician without exception.
6.5.4 Where an employee is on sick leave or workers' compensation and thereby is
unable to use his/her vacation credit during the current year such vacations
may be carried over to the following year in accordance with Sections 6.1
and 6.5.1. Any outstanding vacation credit that has not been approved for
carry over into the next year shall be paid out by Dec. 31 of the current
year.
6.6 Vacation Payment on Termination
An employee whose service is terminated by the Company or by resignation shall be
entitled to a cash payment in lieu of an outstanding vacation allowance, calculated
proportionately from July 1 marking the beginning of the twelve (12) month period in
which the vacation entitlement applies. Upon the death of an employee, his/her
estate shall be entitled to the same payment.
The payment will be based on:
1. Four percent (4%) of accumulated wages for an employee entitled to the pro-
rated amount of ten (10) working days annually.
NOTE
In each of the following subsections, the minimum amount to
be paid must be at least four percent (4%) of accumulated
wages (see Definition, Subsection 6.3) of the employee in the
year for which the vacation is earned.
2. Six percent (6%) of base earnings to date for an employee entitled to fifteen
(15) working days annually.
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3. Eight percent (8%) of base earnings to date for an employee entitled to
twenty (20) working days annually.
4. Ten percent (10%) of base earnings to date for an employee entitled to
twenty-five (25) working days annually.
5. Twelve percent (12%) of base earnings to date for an employee entitled to
thirty (30) working days annually.
The value of the vacation bonus will be based on the employee's base rate at the time
of termination. The vacation bonus for the incomplete year of service is pro-rated for
the number of completed months from the employee's ECD to the date the employee
terminates.
Vacation allowance regulations for employees whose service is terminated owing to
retirement on early, normal, disability or postponed pension are in accordance with
the above.
7.0 STATUTORY HOLIDAYS
7.1 Recognized
The days listed below will be recognized by the Company as statutory holidays,
regardless of any conflict between these holidays and those declared as statutory
holidays by municipal, provincial or federal statutes.
New Year's Day Civic Holiday
Good Friday Labour Day
Easter Monday Thanksgiving Day
Victoria Day Christmas Day
Canada Day Boxing Day
When Canada Day falls on a Saturday it shall be observed on the following Monday.
In the event that Boxing Day or New Year's Day falls on a Sunday, it shall be
observed on Monday. Similarly, if Christmas Day falls on a Sunday, it shall be
observed on Monday and Boxing Day on Tuesday.
When Christmas falls on Tuesday, Boxing Day shall be observed on Monday.
All regular and probationary employees shall be paid for statutory holidays.
A statutory holiday falling within an employee's vacation period shall not be counted
as part of his/her vacation but shall be taken as an extra day of holiday.
Regular part-time employees will be entitled to statutory holiday pay provided that
they:
1. Have more than three (3) months' accumulated service;
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2. Have worked on at least twelve (12) days during the four (4) weeks
immediately preceding the holiday;
3. Have worked on their scheduled regular day of work preceding and
following the holiday.
Payment for such statutory holidays will be the amount the employee would normally
earn on a scheduled day of work.
7.2 Sick Leave Credits
If an employee is not scheduled to work on a statutory holiday and falls sick, his/her
pay for that day will not be charged against his/her sick leave credits and he/she will
receive payment at one hundred percent (100%) of his/her normal daily base
earnings.
If an employee is scheduled to work on a statutory holiday and falls sick, that day is
treated as a normal sick day and the employee would receive a lieu day at a later
date.
8.0 FLOATING HOLIDAYS
Regular, regular-seasonal and probationary employees who have accumulated twenty
(20) weeks' continuous service in any calendar year will be entitled to three (3)
floating holidays subject to the following:
1. Floating holidays may be taken on such days as the employee and his/her
supervisor mutually agree upon, following reasonable advance notice on the
part of the employee. Floating holidays may be taken in half (1/2) day
increments.
2. Floating holidays shall not be carried over into the following year unless
work considerations prevent the employee from taking the floater(s) in the
year of entitlement.
3. Where the employee is unable to reach mutual agreement with his/her
supervisor to take his/her floating holiday(s) before year-end because of
absence due to illness (except when exhausting sick leave prior to LTD)
unused floating holidays will be assigned on the last working day(s) of the
year.
4. Where an employee falls sick on his/her scheduled floating holiday, that day
will not be charged against his/her sick leave credits, but shall be treated as
a floating holiday for pay purposes.
5. Regular and probationary employees may take their floating holiday(s)
before accumulating twenty (20) weeks' service in a calendar year.
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6. Regular part-time employees are entitled to three (3) floating holidays upon
completing twenty (20) weeks of service. Pay treatment for the three (3)
days is on a pro-rata basis (Ref. Part A, Item 1.2.2).
7. Entitlement on Termination: If the employee terminates after having
accumulated twenty (20) weeks' service in the calendar year, the Company
will make a cash payment in lieu of any unused floating holiday credit.
If the employee terminates prior to accumulating twenty (20) weeks' service
in the calendar year, entitlement will be as follows:
(a) If the employee has not qualified for entitlement in the previous year,
he/she will have no entitlement in the current year. If he/she was
granted a floating holiday under 5. above, the Company will recover
one (1) day's pay for each floating holiday taken.
(b) If the employee has qualified for entitlement in the previous year,
his/her entitlement will be pro-rated based on the number of weeks'
accumulated service in the year of termination. For example, an
employee who terminates after accumulating five (5) weeks' service
in the year would be entitled to 5/20ths of three (3) days.
The Company will either make a cash payment in lieu of any unused
floating holiday credit or recover the value of the unearned portion of
floating holidays taken under 5. above.
In no case will an employee be entitled to more than three (3) floating
holidays or floating holiday credit in a calendar year.
8. Regular, regular seasonal and probationary employees with less than
twenty(20) weeks continuous service in their first calendar year of
employment may carry over that service into the next calendar year
for the purpose of establishing twenty (20) weeks’ continuous service
in that calendar year.
9.0 SPECIAL TIME OFF
9.1 Additional Time Off at Christmas and New Year's Holidays
When Christmas falls on Friday and Boxing Day on Saturday, an additional half
holiday will be granted employees on the preceding Thursday.
When Christmas falls on Saturday and Boxing Day on Monday, an additional half
holiday will be granted employees on the preceding Friday.
When Christmas falls on Wednesday, the Friday following Boxing Day shall be
granted as an additional holiday.
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When New Year's Day falls on a Saturday, an additional holiday shall be granted on
either the preceding Friday or the following Monday.
Those regular part-time employees whose regular scheduled day of work falls on the
holidays referenced above shall be granted the time off and compensated at a rate
equal to their normal daily earnings.
9.2 Payment for Time in 9.1
Eligible employees required to work during the days in 9.1 shall be paid as follows:
1. If employees are normally scheduled to work and are required to work on
such a day, they shall be paid straight time for such work within normal
scheduled hours and given equivalent time off with pay, up to a maximum
of normal scheduled hours, within the following six (6) months.
2. If employees are not normally scheduled to work on such a day and are
required to work, they shall be paid at the rate normally paid for overtime
work.
3. Eligible shift employees on a seven (7) day coverage basis whose normal
scheduled day off falls at such designated time, shall be allowed equivalent
time off with pay, within the following six (6) months.
9.3 Treatment for Vacation
Special time off, as noted in 9.1, falling within eligible employees' vacation period
shall not be counted as part of their vacation but shall be taken as additional time off.
9.4 Remembrance Day
The following employees will be eligible for time off and/or payments:
Those employees who are serving or have served in the Canadian Armed Forces
including those who are currently active in the reserve component.
This section was originally created to allow employees paid time off on Remembrance
Day for those who served in the armed forces of Canada, Great Britain or their allies
during World War II, the armed forces of the United Nations in Korea from 1950 to
1953, and the Allied Merchant Marine from 1939 to 1945. This no longer applies to
any active employees.
The parties agreed during 2000 negotiations that, in honour of those current and past
retirees and their families, the paragraph above will be maintained in the Collective
Agreement in recognition of their contributions and sacrifices.
9.5 Sick Leave Credit
When special time off, as noted in 9.1 occurs while eligible employees are on sick
leave credit, their pay will not be charged against sick leave credits and they will
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receive one hundred percent (100%) payment at their base rate for normal scheduled
hours.
10.0 LEAVE OF ABSENCE
10.1 With Pay
Occasionally, an employee will be in a situation where there is no reasonable
alternative to being absent from work for personal reasons. Sometimes the employee
will, at the same time, be committed to considerable additional expense. Provision is
made so that the Company may ameliorate the hardship to the employee which may
result.
10.1.1 General
When in the Company’s judgment the circumstances warrant such action, leave of
absence with pay may be granted.
This leave is based upon reasons of personal emergency, such as severe illness in the
immediate family which would necessitate remaining home until adequate
arrangements could be made for outside help, or being in close attendance at a
hospital. Also, in cases where an employee is faced with the effects of a severe storm,
fire or flood.
10.1.2 Bereavement
A regular employee may be released from duty for a period up to five (5) days without
reducing base earnings in the event of the death of a member of the immediate family
including parent, step-parent, parent-in-law, brother, step brother, brother-in-law,
sister, step sister, sister-in-law, husband, wife, son, step-son, son-in-law, daughter,
step-daughter, daughter-in-law, grand-parents, grandparents-in-law and
grandchildren. In the event a regular employee is on approved vacation, the
employee’s vacation day may be transferred to bereavement leave.
A regular employee may be released from duty for a period of up to one (1) working
day without reducing base earnings in the event of the death of an aunt or uncle,
niece or nephew.
In the event of the death of a fellow employee, a regular employee may be allowed
time off with pay to attend the funeral. Usually the time required is less than one-
half day. Regular part-time employees shall be granted the time off with pay if
scheduled to work.
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NOTE
Section 10.1.2 is a guide applicable under ordinary
circumstances, on the distinct understanding that it does not
set rigid limits either maximum or minimum.
10.1.3 Annual Training for Reserve Forces
A regular employee who serves with the Reserve Force of the Canadian Armed Forces
and can be spared from work may be granted leave of absence in order to attend
annual training.
The employee will be paid the difference between the gross amount received from the
Department of National Defence for the full training period and base earnings for the
period of absence. The employee will be required to furnish his/her supervisor with a
statement from the commanding officer of the reserve unit, showing the amount
received from the Department of National Defence for the training period.
10.1.4 Legal Hearings
Base earnings will be maintained when an employee is called for jury duty or is
subpoenaed to appear in court as a witness except in cases involving inter-union
jurisdictional disputes.
10.2 Equivalent Time Off Without Pay
Employees who have worked overtime may be granted one (1) hour off for each hour
worked, without pay, in increments of not less than one-half day, provided the
employee requests the time off and the workload permits.
10.2.1 Overtime Option of Paid Time Off in Lieu (Old IN-MID-22)
An employee who has accumulated overtime hours shall receive this, in earnings,
calculated at the appropriate premium rate and cannot be required to take time off in lieu
of payment. However, the employee may instead elect to accrue time credit calculated at
the appropriate premium rate in place of payment.
If no request is made prior to the overtime being worked, payment at the appropriate
overtime rates will be automatic and paid. Part A, Item 10.2 will continue to apply.
Lieu time for overtime accrued shall be limited to the number of hours normally worked
weekly (i.e. 35 or 40) by employees working in Inergi LP. When an employee reaches
these hours, he/she will be unable to request further lieu time for overtime worked until
he/she has brought the hours below the set limit. The accrued lieu time will be taken at a
time which is mutually-agreeable to both parties. If a mutually agreeable time cannot be
established by both parties, the employee will be required to cash out the lieu time banked
at the end of the calendar year.
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10.3 Family Leave
An employee may take up to ten (10) unpaid days per year for the purposes of
providing family care to an immediate family member. This benefit will not be
pyramided with any legislated benefits under the Employment Standards Act or
other legislation.
10.4 Leave of Absence Unpaid
The Company may, in its sole discretion, grant an unpaid leave of absence in accordance
with this Article to a regular employee who has completed their probationary period. The
Leave of absence shall not exceed ninety (90) days in duration and must be applied for in
writing at least one month prior to the commencement of the requested leave. The request
for leave must specify the reason for the leave and the length of leave requested. It is
understood that only a leave of absence for legitimate personal reasons will be considered
by the Company which, for clarity, does not include a leave to perform work for
remuneration and/or personal gain of any kind.
Where a leave of absence is granted by The Company, the following shall apply:
1) For leaves of absence of 30 days or less:
The employee shall continue to participate in the pension and employee benefit
plans and the employee shall continue to accrue seniority while on leave.
2) For leaves of absence of greater than 30 days, the following shall apply:
After 30 days on leave, if the employee wants to participate in the employee benefit
plan they shall pay the premiums prior to the leave. They shall continue to accrue
seniority for the remainder of the leave.
The Company may, in its sole discretion, decide to grant a leave of absence in excess
of ninety (90) days on a strictly exceptional basis depending on the gravity and/or
severity of the specific personal circumstances underlying the request for the leave.
Should a leave of absence in excess of 90 days be granted by the Company, the
provisions of paragraph (2) above will apply.
10.5 Retirement Bank
An employee may defer vacation equivalent to the banked time earned in Part A, Item
10.2.1 (old IN-MID-22) into the Retirement Bank to a maximum of their annual vacation
entitlement but at no time greater than 120 hours annually. In addition, employees who
are eligible for four (4) weeks vacation will have the option of banking up to one (1) week
per year of vacation time; employees who are eligible for five (5) or more weeks vacation
may bank up to two (2) weeks vacation time regardless of their banked time under Part A,
Item 10.2.1, provided that the 120 hour annual cap is not exceeded. Employees may also
elect to apply their vacation bonus to their Retirement Bank.
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The deferred vacation in the Retirement Bank may only be withdrawn by the employee:
a) in time to become eligible for an undiscounted pension
b) in cash at the date the employee has become eligible for an undiscounted pension
c) a combination of a) and b)
When the employee takes deferred vacation from their Retirement Bank in the form of
time off, they will receive their base pay and will accrue pensionable service in accordance
with the terms and conditions of the Inergi Pension Plan document. Once these deferred
vacation weeks are taken the employee must retire.
If an employee retires or terminates with time in the Retirement Bank such time will be
paid out.
The Retirement Bank may not exceed 52 weeks (at regular scheduled hours).
11.0 PREGNANCY/ADOPTION/PARENTAL LEAVES
11.1 General Provisions
To be eligible, the employee must have worked for the Company for a period of at
least thirteen (13) weeks preceding the estimated delivery date or have been
employed by the Company for thirteen (13) weeks by the date on which the child
comes into the custody, care and control of the parent for the first time.
These leave provisions are available to all categories of employees. In addition,
regular employees including regular part-time employees eligible for pregnancy leave
or adoption leave are entitled to supplementary unemployment benefits (Ref. 11.4).
Pregnant employees are entitled to pregnancy leave including those women whose
pregnancies are terminated by still-birth or miscarriage within seventeen (17) weeks
of the expected birth date (Ref. 11.2). Following the birth of the child, the employee is
also eligible for parental leave (Ref. 11.5).
Adoption leave is available to the parent who is designated as the primary caregiver
(Ref. 11.3). Parental leave is also available to such an employee (Ref. 11.5).
Parental leave is also available to employees not eligible for pregnancy or adoption
leave but who have become the parent of a child (e.g., an employee whose spouse has
given birth to a child or the adoptive parent who is not the primary caregiver (Ref.
11.5).
Service credit will be granted for the full duration of such leaves.
Two (2) weeks' notice is required for such a leave, except as noted in 11.2.2. The
commencement date can be advanced or delayed upon the giving of a further two (2)
weeks notice. Similarly, the termination date can be advanced or delayed upon
giving four (4) weeks notice.
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Eligibility for such leave does not necessarily mean the employee is entitled to EI
benefits. However, EI benefits may be available in the case of such a leave and
employees should be referred to the nearest EI office to check their entitlement.
The Company will continue for the duration of any such leave to pay the same share
of the premiums for OHIP, EHB, Dental Plan, Life Insurance and Pension Plan that
it would normally pay for the employee. This will not apply with respect to any
benefit plan where the employee is normally required to make an employee
contribution and he/she has given the Company written notice that he/she does not
intend to pay such contributions.
An employee going on such a leave may prepay his/her pension contributions prior to
taking the leave or make up contributions on return to work to establish pensionable
service for the period of absence. Prior to the leave, he/she must sign the appropriate
forms indicating whether or not he/she wishes to prepay the pension plan
contributions.
Positions temporarily vacated as a result of a pregnancy/adoption or parental leave
will be filled on a temporary basis only until the employee on leave returns.
Provided the employee returns to work no later than the expiration of his/her leave
entitlement, he/she will be offered:
(a) The position most recently held if it still exists at a rate of pay not less than
his/her wages at the commencement of the leave or if greater the wages
that the employee would be earning had the employee worked throughout
the leave.
(b) Should the position most recently held not exist as a result of a surplus in
the unit in accordance with Article 11 he/she will be offered a comparable
position at the location he/she was previously working at a rate of pay not
less than his/her wages at the commencement of the leave or if greater the
wages that the employee would be earning had the employee worked
throughout the leave.
(c) Should (a) or (b) not exist he/she will be treated in accordance with Article
11.
The granting of extensions to the normal ninety (90) day acting period for positions
vacated by an employee on pregnancy/adoption/parental leave shall be automatic.
The Union Chief Steward shall be advised of all cases where this subsection applies.
11.2 Pregnancy Leave - General
Prior to commencing pregnancy leave, the female employee must indicate in writing
her desire to return to work following her pregnancy.
The Ontario Human Rights Code requires the employer to accommodate the needs of
pregnant employees in the workplace, unless to do so would cause undue hardship to
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the business. If a pregnant employee is unable to work in her regular work location
because of the possible radioactivity level, her normal base rate of pay will be
maintained during the period of relocation.
11.2.1 Duration of Leave
An eligible female employee may apply for pregnancy leave, to commence after the
22nd week of pregnancy for a duration of up to seventeen (17) weeks.
The pregnancy leave of an employee who is not entitled to take parental leave ends
on the later of the day that is seventeen (17) weeks after the pregnancy leave began
or the day that is six (6) weeks after the birth, still-birth or miscarriage.
NOTE
Female employees who are the parent of a child are entitled
to parental leave in addition to pregnancy leave. Parental
leave is described in 11.5. Unless otherwise mutually agreed,
parental leave must immediately follow the pregnancy leave
unless the child has not come into the custody, care and
control of the parent for the first time.
11.2.2 Physician's Certificate
When a female employee applies for pregnancy leave she must provide her supervisor
with a certificate from her physician stating that she is pregnant and giving the
estimated date of delivery at least two (2) weeks prior to the date she plans to
commence the leave.
In the case of a female employee who stops working prior to the commencement of her
scheduled leave because of a birth, still-birth or miscarriage that happens earlier
than the employee was expected to give birth, that employee must, within two (2)
weeks of stopping work, give her supervisor:
(a) written notice of the date the pregnancy leave began or is to begin; and
(b) a certificate from a legally qualified medical practitioner that
states the date of the birth, still-birth or miscarriage and the date the
employee was expected to give birth.
When a female employee resigns without notifying her supervisor that she is
pregnant and she has not applied for pregnancy leave, but within two (2) weeks
following her resignation, provides her supervisor with a certificate from her
physician stating she was unable to perform her job duties because of a medical
condition arising from her pregnancy and giving the estimated or actual delivery
date, she shall be entitled to pregnancy leave if it is requested.
NOTE
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The supervisor should obtain the advice and assistance of the
Company appointed Physician if clarification is required.
11.2.3 Pregnancy and the Sick Leave Plan
Normal pregnancy leading to confinement is not an illness under the terms of the
Sick Leave Plan. However, absences due to pregnancy-related illnesses or
complications shall be considered as sick leave under the terms of the Sick Leave
Plan.
11.3 Legal Adoptions - Primary Care-Giver
In cases of legal adoption where the child is raised in the home the following will
apply after receipt of the child:
1. Where the child is less than elementary school age, the primary caregiver
will be granted leave of up to seventeen (17) weeks.
2. Where the child is elementary school age or older and the primary caregiver
requests leave, the duration will be based on the recommendation of the
adoption agency with the final decision being made by the Company
appointed Physician.
3. The primary caregiver is also entitled to parental leave (Ref 11.5).
11.4 Benefits Under the Supplementary Unemployment Benefit Plan for
Regular Employees
Provided they qualify for EI payments regular female employees who are eligible for
pregnancy leave or the regular employee who is the parent designated as the primary
caregiver in a legal adoption proceeding shall be paid a benefit in accordance with the
Supplementary Unemployment Benefit Plan. In order to receive this benefit, the
employee must provide the Company with proof that he/she has applied for and is
eligible to receive unemployment insurance benefits pursuant to the Employment
Insurance Act. The grant payment may only be paid upon receipt of proof that the
employee is eligible for EI benefits. The simplest "proof of eligibility" is the
counterfoil from the employee's first EI cheque.
According to the Supplementary Unemployment Benefit Plan payment will consist of:
1. For those on pregnancy leave, two (2) weeks at ninety-three percent (93%)
of the employee's base pay.
2. For those on pregnancy leave, up to fifteen (15) additional weekly payments
dependent on the length of his/her EI entitlement, equivalent to the
difference between the unemployment insurance benefits the employee is
eligible to receive and ninety-three percent (93%) of the employee's base
pay.
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3. In the case of a legal adoption, in addition to the Supplementary
Unemployment Benefit Plan payments, the primary caregiver shall receive
the equivalent of ninety-three percent (93%) of two (2) weeks base salary in
the thirteenth and fourteenth weeks of the leave.
4. For those on parental leave, the equivalent of 93% of three (3) weeks base
salary.
5. Other earnings received by the employee will be considered so that the total
combination of SUB, EI benefit and other earnings will not exceed ninety-
three percent (93%) of the employee's base pay.
These payments will only be made if the employee signs an agreement with the
Company, providing:
(a) that he/she will return to work and remain in the Company’s employ for a
period of six (6) months from the date of return to work;
(b) that he/she will return to work on the date of the expiry of her pregnancy
leave or his/her adoption leave, unless the employee is entitled to another
leave provided for in this Agreement; and
(c) that the employee recognizes that he/she is indebted to the Company for the
payments received if he/she fails to return to work as per the provisions of
Subsections (a) and (b).
11.5 Parental Leave
11.5.1 General
Employees who have been employed by the Company (including service with Ontario
Hydro) for a period of at least thirteen (13) weeks by the date on which the child is
born or comes into the custody, care and control of the parent for the first time are
eligible for an unpaid parental leave. A parent includes a person with whom a child
is placed for adoption and a person who is in a relationship of some permanence with
a parent of a child and who intends to treat the child as his/her own.
11.5.2 Duration of Leave
Employees eligible for parental leave may take this leave beginning not later than
fifty-two (52) weeks of the child being born or coming into care. Unless otherwise
mutually agreed females on pregnancy leave wishing to take a parental leave must
commence parental leave immediately following the end of the pregnancy leave
unless the child has not come into custody, care and control of the parent for the first
time. The duration of this leave is up to thirty-five (35) weeks.
Employees who wish to take this leave must give the Company two (2) weeks’ notice
in writing prior to the date the leave would begin and four (4) weeks’ notice of the
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date the leave will end if they wish to terminate the leave prior to thirty-five (35)
weeks following the date the leave commenced.
11.6 Service Credit
Employees who were granted pregnancy/adoption/parental leave from the Company
or its predecessor, Ontario Hydro, on or after November 18, 1990 will be eligible for
service credit for the full duration.
12.0 DISABILITY BENEFITS AND INCOME PROTECTION
12.1 Sick Leave Plan
The benefits of the Company’s Sick Leave Plan shall be considered as part of this
Agreement. However, it is recognized that its provisions are not an automatic right
of an employee and the administration of this plan and all decisions regarding the
appropriateness or degree of its application shall be vested solely in the Company.
The Company’s Sick Leave Plan will provide that probationary and regular
employees will commence with a credit of eight (8) days at one hundred percent
(100%) and fifteen (15) days at seventy-five percent (75%) pay, payable from the first
day of sickness. This credit will continue to be available until the employee attains
his/her first annual accumulation date as a regular employee. At the time of this
accumulation date and each subsequent accumulation date he/she will acquire
additional credits of eight (8) days at one hundred percent (100%) pay and fifteen (15)
days at seventy-five percent (75%) pay. The accumulation of credits will be subject to
the provisions of the Company’s Sick Leave Plan.
Regular part-time employees shall receive a pro-rated number of sick days. When a
regular part-time employee is absent due to illness on a scheduled day of work, they
shall be paid for the hours of work scheduled for that day provided sick leave credits
are available.
Normally employees will be expected to arrange routine medical or dental
appointments during non-working hours. Where such appointments cannot be
arranged during non-working hours and the employee can be released from his/her
duties, then the time shall be charged against an employee's sick leave time.
Employees who are on sick leave for thirty (30) days or more may be eligible to
participate in a vocational rehabilitation program in accordance with the Company’s
policy.
In situations where Inergi LP requests a doctors’ note, Inergi LP will cover the cost of
such note to a maximum value of $20.00 per instance.
Inergi LP will cover the payment for a Major Medical Absence Report to a maximum
value of $50.00 per instance. Management may waive the requirement for a Major
Medical Absence Report.
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Once a member has exhausted one hundred percent (100%) sick leave they can use
their vacation to top up (no adverse affect on LTD).
12.2 Long Term Disability
12.2.1 General Provisions of LTD Plan
The Long Term Disability (LTD) Plan provides financial security and rehabilitative
employment features to regular employees during their absence from work due to
extended sickness or injury. LTD benefits commence upon completion of the
qualifying period which is defined below. Regular employees who are approved for
the provisions of the LTD Plan will be subject to the following contractual provisions.
All employees who are in receipt of LTD benefits will be eligible to participate in the
Rehabilitation and Re-employment Program dependent upon their medical suitability
and procedural requirements.
DEFINITIONS:
LTD Qualifying Period - The qualifying period is defined as the period six (6)
calendar months from the starting date of the employee's continuous absence due to
disability; or a total of six (6) months in accumulative authorized medical absences in
the year prior to the date sick leave expires due to the same progressively
deteriorating disability; or the expiration of sick leave whichever is longer.
Disability Period - The period in which an employee cannot continuously perform
the essential duties of any position available in accordance with the priority
placement criteria of the Rehabilitation and Re-Employment Procedure.
Benefit Level - The Company agrees to assume the full cost of an LTD Plan for all
regular employees. The Plan would provide for a monthly income during the
disability period equal to the lesser of:
1. Sixty-five percent (65%) of base earnings at the end of the qualifying period
for LTD benefits, or
2. Seventy-five percent (75%) of base earnings at the end of the qualifying
period for LTD benefits less any compensation awards from the Workplace
Safety and Insurance Board (WSIB) (excluding the Non-Economic Loss
award) and/or the Canada Pension Plan, excluding benefits for dependents.
NOTE
Regular part-time employees shall be eligible for pro-rated
income benefits.
Miscellaneous Provisions - A person who runs out of sick leave credits will be
granted a leave of absence without pay until such time as the LTD qualifying period
elapses. The employee will continue to receive service credit during this period and
have coverage maintained in but will not be required to contribute to the Company’s
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Pension Plan, Health and Dental benefits, and the Company’s Group Life Insurance
Plan.
Where an employee has been retrogressed to a lower-rated job for medical reasons
and within two (2) years (not including the LTD qualifying period) begins receiving a
monthly income under the LTD Plan for reasons directly related to the original
medical condition, the base earnings used to compute the LTD monthly income
payment shall be the current rate of the employee's original classification.
Exceptions and Limitations to the LTD Plan
LTD benefits will not be made available for claims resulting from:
1. A disability for which the person is not under continuing medical
supervision and treatment considered satisfactory by the Insurance Carrier
and the Company.
2. A disability caused by intentional self-inflicted injuries or illness while
sane.
3. A disability from bodily injury resulting directly or indirectly from
insurrection, war, service in the armed forces of any country, or
participation in a riot.
4. Normal pregnancy leading to confinement.
5. Disability from occupational injuries for which the employee is receiving
Total Temporary Disability Benefits or during the first twenty-four (24)
months of a Future Economic Loss Award or during the first twenty-four
(24) months from the date of Loss of Earning (LOE) Award from the
Workplace Safety and Insurance Board.
No amount of LTD benefit will be payable with respect to the disability of an
employee during any of the following periods:
1. If the disability is due to mental disorder, any period while the employee is
not under the continuing care of a certified psychiatrist or other care
authorized by the employee's psychiatrist.
2. If the disability is due to substance abuse, alcoholism and/or drug addiction
any period in which the employee is not certified as being actively
supervised by and receiving continuing treatment from a rehabilitation
centre or a provincially designated institution.
3. The period during which the employee is on leave of absence, including
Pregnancy Leave of Absence. The LTD qualify period begins on the date
the employee is expected to return to work from that leave of absence.
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12.2.2 Benefits While on LTD
1. Service Credit: Service credit shall not continue while the employee is in
receipt of LTD benefits. Upon return to work, service credit shall be
applied as per Item 12.2.4.
2. Vacation Credit: Any outstanding vacation entitlement for a person going
on LTD will be paid in cash upon expiry of sick leave. The cash payment
will be calculated on the base earnings at the expiration of sick leave for the
pro-rated days of vacation entitlement, any outstanding lieu days, any
outstanding floating statutory holidays, and banked time for forty (40) hour
per week employees. No vacation entitlement, floating holidays, or banked
time for forty (40) hour per week employees accrues while a member is in
receipt of LTD benefits.
3. Vacation Credit During Rehabilitation Employment: Vacation
credits will be earned based on the hours worked and the employee's
vacation entitlement multiplied by the corresponding percentage listed
below. These credits will be paid in cash in the last pay period of the year if
not used by December 31st, or upon return to regular employment, or upon
termination.
Vacation Entitlement
(Based on Service Credit)
Percentage of
Accumulated
Earnings/Hours Worked
10 working days or less annually 4%
15 working days annually 6%
20 working days annually 8%
25 working days annually 10%
30 working days annually 12%
4. The Company health and dental coverage premiums continue to be
maintained by the Company.
5. The Company Pension Plan: The employee's membership in the plan
continues. Upon expiry of sick leave, the requirement for employee
contributions is waived. An employee is not required to make contributions
to the plan while he/she is receiving LTD benefits. The retirement pension
continues to accumulate. Years of service continue to accumulate for
entitlement to rights and benefits under the Pension Plan.
6. The Company Group Life Insurance Plan: Commencing the first day
of the month following the end of the qualifying period for LTD benefits, an
employee will continue receiving the same insurance option during receipt
of LTD benefits as that in force prior to such receipt. An employee who is in
receipt of LTD benefits is not required to make contributions to the Group
Life Insurance plan.
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7. Sick Leave Entitlement: Upon receipt of the memorandum from the
Company appointed Physician recommending that the employee should
make application for LTD benefits, entitlement to accumulate or restore
sick leave credits shall cease on the day following the next accumulation
date provided that it falls within the qualifying period.
8. Union Dues: Upon expiry of sick leave an employee's Union dues shall
cease.
9. Employee status will continue with respect to maintaining redress rights to
contractual provisions.
12.2.3 Recurring Disability After Return to Regular Work
If, on return to regular employment after receiving disability benefits, a subsequent
period of disability recurs within six (6) months and is related to the cause of the
previous disability, the following shall apply:
Entitlement to existing sick leave credits shall cease, the qualifying period shall be
waived, and the employee shall immediately receive LTD benefits as if there had
been no return to work.
12.2.4 Individual Returns to Regular Employment
1. Service Credit: Continuous service recommences upon return to work and
service credit accumulated prior to the date of receipt of LTD benefits will
be added to it. In addition, for employees returning to regular employment
within the first two (2) years in receipt of LTD benefits, full service credit
will be granted for that period as well. It should be noted that seniority for
all employees in receipt of LTD benefits continues to accrue during the
period they are in receipt of LTD benefits.
2. Vacation Credit: The employee will start earning vacation credit based
on total service credit.
3. The Company Health and Dental Coverage: Premiums continue to be
maintained by the Company.
4. The Company Pension Plan: Employee contributions recommence.
5. The Company Group Life Insurance Plan: Employee contributions
recommence.
6. Sick Leave Entitlement: Eight (8) days at one hundred percent (100%)
and fifteen (15) days at seventy-five percent (75%) pay shall be immediately
credited. On the first accumulation date, restoration of sick leave credits
will take place based on the total service credit. It is recognized that this
provision is subject to the provisions of recurring disability as defined in
Section 12.2.3.
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7. Union Dues: Union dues recommence.
12.2.5 Termination of LTD Benefits
The LTD benefit ceases when any of the following events occur:
1. The date the individual ceases to be totally disabled or engages in any
occupation for wage or profit except as permitted by the Rehabilitative
Employment Clause.
2. The date the individual reaches age 65.
3. The date the individual fails unreasonably to furnish proof of the
continuance of such total disability, or fails to submit to an examination
requested by the Plan's medical advisors. At that point all LTD benefits
will cease and the employee will be terminated.
When an employee does not comply with the above requirements the Union
will be informed and act as the employee's advocate prior to such
termination.
4. The date the individual dies.
5. The date the individual receives pension under the Company Pension Plan.
12.2.6 Indexation
1. LTD Benefits: Individuals who are in receipt of LTD benefits will have
their LTD benefit level indexed by 100% of the increase in the Consumer
Price Index (CPI) up to a maximum of 3% per year.
2. Pension Calculation - Base Earnings: For the purposes of calculating
the pension benefit for LTD recipients the base earnings at the end of the
qualifying period will be increased by the amount of the indexation increase
granted in 1. above.
3. Insurance Benefit - Base Earnings: It is agreed that for purposes of
calculating the group life insurance benefit for LTD recipients, the base
earnings at the end of the qualifying period will be increased by the amount
of the indexation increase granted in 1. above.
12.3 Rehabilitation and Re-employment
Rehabilitative employment is an important feature of the Plan which provides an
employee with additional financial incentive and assistance to re-enter the work
force. It is defined as any employment within the Company and remains in effect
until the employee is offered regular employment.
If during the disability period, an employee becomes capable of working, the
Company shall endeavour to provide an (disabled) employee with work he/she is
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capable of performing. It is recognized that an employee must be prepared to attempt
rehabilitative employment. In the event the employee refuses reasonable
rehabilitative or regular employment, he/she shall be terminated and forfeit all rights
to LTD benefits.
During rehabilitative employment, remuneration will be pro-rated based on the hours
worked and the hourly rate of the current base rate of the rehabilitative position.
Employees will continue to receive approved LTD/Sick Leave benefits, however, the
benefit level will be adjusted so that the total of the rehabilitative earnings and these
benefits shall not exceed the current base rate of the position occupied prior to
disablement.
After the employee has successfully completed his/her rehabilitative employment and
has been placed in a regular job on a continuing capacity, he/she will be paid at the
normal rate of the job in which he/she has been placed, subject to any applicable
retrogression policy.
12.4 Workplace Safety and Insurance Board Payments
The Workplace Safety and Insurance Board (WSIB) is responsible for administering
the Workplace Safety and Insurance Act, and payments will be made according to the
provisions set out within that Act. Any future legislative or regulatory changes may
necessitate further discussion on the part of both parties.
Pending the decision of the WSIB regarding entitlement to awards, an employee's
normal earnings will be maintained at his/her current level of sick leave (i.e., 100%,
75%, 0%).
12.5 Supplementary Grant
12.5.1 Definition of Supplementary Grant
The supplementary grant is an amount equal to the difference between the WSIB
award and the employee's normal earnings after income tax deductions.
NOTE
WSIB award for this section excludes permanent impairment
awards granted for accident dates prior to January 1, 1990,
Non-Economic Loss Awards or Older Worker Supplements.
The employee's earnings for the purpose of calculating the supplementary grant will
include only regular scheduled hours for a normal week.
The supplementary grant will be such an amount as to maintain the employee's
normal net pay.
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NOTE
Such a grant will not include payments for shift bonus, relief
pay, overtime or premium hours or other payments which are
not applicable when the employee is absent from and not
available for work.
12.5.2 Who Receives the Supplementary Grant
The supplementary grant will be made only to probationary and regular employees.
Employees who are receiving Workplace Safety and Insurance Board benefits for
claims or injuries suffered while in the employ of an employer other than the
Company are required to notify the Company of being in receipt of those benefits in
order to qualify for the supplementary grant. These employees will not be eligible for
sick leave while receiving Workplace Safety and Insurance Board benefits that
qualify for the supplementary grant.
12.5.3 Responsibility for Payment
The responsibility for payment will be in accordance with The Standard Authorities -
Payroll Documents.
12.5.4 Withholding the Grant
The award of the supplementary grant should not be withheld unless there is strong
evidence of gross negligence or obvious misconduct on the part of the injured
employee. The supplementary grant will be withheld if the employee is not co-
operating in the Early and Safe Return to Work Process or a Labour Market Re-entry
Plan or refuses a medically suitable position.
Authority for withholding the grant is vested in directors in consultation with Human
Resources and Compensation and Benefits.
12.5.5 Payment While in Receipt of WSIB Award
An employee in receipt of Total Temporary Disability (TTD) benefits will receive the
supplementary grant for the entire period. Upon notification of the amount of the
FEL award and/or LOE award the Company agrees to pay supplementary grant
monthly on the FEL award and/or Loss of Earning (LOE) award for a maximum of
twenty-four (24) months. Any workers’ compensation payments in excess of the FEL
award and/or LOE award, excluding the Non-Economic Loss (NEL) award, shall be
considered part of the FEL award and/or LOE award for purposes of calculating the
supplementary grant. Upon request, the employee shall be paid out any outstanding
vacation entitlement while payments are being processed.
For employees on rehabilitative employment the total compensation of FEL and/or
WSIB Award plus rehabilitative earnings plus the Company supplementary grant
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shall not exceed one hundred percent (100%) of the current rate of the pre-disability
job.
If after twenty-four (24) months in receipt of supplementary grant and a FEL award
and/or LOE award the employee is still unable to return to work, he/she shall be
placed on sick leave. The employee will continue to draw from his/her sick leave bank
on a daily basis at the rate of half a day if the amount equal to the supplementary
grant is equal to, or less than four (4) hours, and a full day if the amount equal to the
supplementary grant is greater than four (4) hours per day. While on approved sick
leave, however, the benefit level will be adjusted so that the total of any WSIB award
and the sick leave benefit shall not exceed the employee’s current base rate. Upon
expiry of sick leave, if the employee is still unable to return to work, he/she shall
qualify for LTD less any award, pension entitlement and/or any supplement from the
Workplace Safety and Insurance Board (excluding NEL award) and/or the Canada
Pension Plan.
12.6 Waiver of Posting or Selection
If at any time an individual who is in receipt of LTD or Workplace Safety and
Insurance Board benefits is capable of returning to any further service with the
Company or if a medically suitable position becomes available for an employee who is
medically restricted while at work or on sick leave, the Company will request, and the
Union shall normally grant a waiver of posting or selection after considering all
medically restricted employees eligible under the Rehabilitation and Re-Employment
Policy.
13.0 HEALTH INSURANCE PLANS
13.1 Regular Employees, Pensioners and Regular Employees
Receiving Workplace Safety and Insurance Board
Payments
Subject to the condition that employees enroll their spouse and dependent children,
the Company agrees to pay one hundred percent (100%) of the premiums for:
(the following plans which forms part of this Collective Agreement)
Exception: Regular part-time employees shall be eligible for Health Insurance
Plan coverage. Such employees will be required to pay costs of
premiums (except OHIP) based on hours not worked divided by the
regular hours of the classification. If he/she elects not to pay, coverage
will not be provided.
1. OHIP - Covers medical and standard ward hospital services.
2. Supplementary Plan - Covers semi-private hospital services.
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3. Extended Health Benefit Plan - Coverage details are contained in the
current brochure entitled "Extended Health Benefits for Inergi LP".
4. Group Dental Insurance Plan - Coverage details are contained in the
current brochure entitled "Supplemental Group Dental Benefits for Inergi
LP".
An employee may voluntarily discontinue coverage in plans 2., 3. and 4. Upon re-
entry, and depending upon the terms of each plan, a waiting period must be satisfied
before services will be covered. This would not apply to changes relating to
marital/dependents status.
Effective January 1st of each year of the Collective Agreement, dentist fees will be
paid up to the amounts shown in the current ODA Fee Guide.
13.2 Probationary Employees
The Company will pay one hundred percent (100%) of all claims and fees for all
probationary and regular employees who are covered by the Semi-Private Hospital
Accommodation Plan, Extended Health Benefits Plan and Dental Plan. Coverage will
commence on the employee's Established Commencement Date and will cease on the
employee's termination date.
The Company will pay one hundred percent (100%) of OHIP premiums commencing
the second month of employment.
13.3 Health Care Spending Account
Regular employees and retirees may elect in writing to forgo the health and dental
insurance coverage in Part A, Article 13 of the Collective Agreement in exchange for
either:
a) an annual lump sum payment of $2,500.00 for single coverage (or $3,500.00 for
family coverage), less required deductions, to be paid one month following receipt of
the employee’s written election and on each anniversary there of.
OR
b) an annual lump sum payment of $2,500.00 for single coverage (or $3,500.00 for
family coverage) to a health spending account to be administered by Great West
Life (or successor) in accordance with CRA regulations, to be paid one month
following receipt of the employee’s written election and on each anniversary thereof.
The employee’s election under this article may be revoked on one year notice without the
employee being required to undergo a medical examination prior to the reinstatement of
coverage. Upon receipt of such notice, no further payments under this article shall be
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made. Benefit coverage will be reinstated upon the completion of the one year notice
period.
14.0 PENSION AND INSURANCE
Employees have the option to purchase 4X or 5X life insurance at no cost to the
Company and at rates and conditions established by the insurance company.
Effective October 1st 2004:
The company will ensure there is a reciprocal pension agreement
between Inergi LP and New Horizons Systems Solutions.
Probationary Employees will have the option to join the Pension Plan
commencing the first of the month following hire.
Employees may elect to continue to contribute to the pension plan
beyond 35 years of service. The Company must be advised in writing, of
such an election, at least 60 days prior to entering their 36th year of
service.
NOTE
As a result of Re-Opener Negotiations and the subsequent
Teplitsky Award dated June 15, 1998 and 2000 Negotiations,
several revisions were made to the Ontario Hydro Pension
Plan which were incorporated in the Inergi LP Pension Plan.
The changes include:
Notional Account
In consideration for the Rule of 82, changes to indexing, and changes to survivor
benefits each as described below, the Notional Account will be eliminated in respect
of all members, former members and beneficiaries of the plan and the elimination
shall be confirmed by the obtaining of all necessary orders (including an order
varying the order of Mr. Justice Trainor dated November 4, 1991).
The Union will take, on an expeditious basis, all steps as may be required in order to
obtain the necessary orders and will support Hydro in any steps Hydro may be
required to take. Each party shall bear its own costs.
Rule of 82
Effective July 1, 2000, any member who on the date of retirement is represented by
the Power Workers’ Union may, on or after the first day of the month in which the
sum of the member's age in years and years of continuous employment is equal to or
greater than eighty two (82), receive a pension that is one hundred percent (100%) of
the member's earned pension computed in accordance with the rules of the Pension
Plan, in particular, rule 6.
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Indexing
Effective on the date the Notional Account is eliminated, the plan shall be amended,
in respect of members and former members who immediately prior to termination of
employment were members of the Union, to increase pension benefits on January 1st
of each year by one hundred percent (100%) of the increase in the Consumer Price
Index, up to a maximum of eight percent (8%) per year. In the event that the
increase in the CPI exceeds eight percent (8%), the increase shall be carried forward
to future years. In the event that the CPI decreases, the percentage decrease shall be
applied in determining subsequent increases in pension benefits. A decrease in the
CPI shall not reduce pension benefits in payment.
Changes to indexing as described in this section are subject to the condition
precedent that the Notional Account will be eliminated for all members and former
members and confirmation thereof by order as set out above.
In the absence of such an amendment and elimination of the Notional Account, the
pensions of members and former members who immediately prior to termination of
employment were members of the Union will be increased by one hundred percent
(100%) of the increase in the CPI effective January 1, 1999 and January 1, 2000 and
the cost of such indexing shall be charged to the Notional Account in the same way as
was done in respect of the increase on January 1, 1998.
Survivor Benefits
Effective July 1, 2000, pensions of survivors of members or former members who on
the date their employment ceased were members of the Union shall be based on sixty-
six and two-thirds percent (66 2/3%) of the member’s pension rather than sixty-four
percent (64%) of the member’s pension.
Contribution Holidays
Contribution holiday – Given the current financial state of the plan, there will be no
continuation of the contribution holiday by Inergi LP in the new Inergi LP Pension
Plan.
Management agrees that prior to any employer contribution holiday the PWU will be
notified and discussions will be held between the parties to allow the PWU to identify
any possible changes or modifications to the Pension Plan.
14.1 Changes to the Pension Plan
14.1.1 The present Inergi LP Plan forms part of this Collective Agreement. The
pension portion of the Plan is generally described in the current brochure
"Your Hydro Pension Plan". Changes to the plan affecting employees within
the jurisdiction of the Union shall be subject to the following:
1. Subject to 2, Inergi LP shall not make rules which would change
employee benefits unless upon mutual consent.
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2. In the event of the enactment of any general pension legislation
applicable to the employees of Inergi LP, amongst others, Inergi LP
may, after notification to the Union, effect amendment of the Inergi
LP Plan provided that the combination of benefits resulting from the
Inergi LP Plan as so amended and such legislation will not be less in
the aggregate than the benefits now provided.
3. For the duration of the Collective Agreement, employee contributions
shall be increased from (below/above) YMPE) 4.5%/6.5% to (effective
October 1, 2009) 5.0%/7.0%, (effective October 1, 2010 5.5/7.5%.
14.1.2 Pension items will be submitted at the time that regular amendments to
the Collective Agreement are submitted and will be negotiated at the time
of regular bargaining.
14.2 Pension Plan
14.2.1 The interest rate on contributions returned to terminated employees will be
calculated as set out in the Inergi LP Pension Plan.
14.2.2 Integration with Other Benefits: Pension disability to be discontinued upon
implementation of LTD Plan. Those presently on pension disability to
continue under the existing provisions.
14.2.3 In recognition of proposed benefit improvements the Union agrees that the
value of any EI rebate shall accrue to Inergi LP.
14.2.4 Early Retirement - Without Discount
1. Effective January 1, 1981 employees with the following age/service
combinations may retire early with no loss of accrued benefits:
- Age 60 or over with 25 years' service.
- Age 59 or over with 26 years' service.
- Age 58 or over with 27 years' service.
- Age 57 or over with 28 years' service.
2. Employees may retire without discount when their age and years of
continuous service equals eighty-two (82) or more.
3.Employees who do not qualify for an unreduced early retirement pension under
14.2.4(1.) or 14.2.4(2.) may retire without discount after completing thirty-five (35)
years of continuous service.
Early Retirement Discounts
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Table 1 Table 2 Table 3
All employees with
25 or more years’
continuous service
(except females
hired prior to 1976)
All employees with
15 or more but less
than 25 years’
continuous service
(except females
hired prior to 1976)
Female employees
hired prior to 1976
with 15 or more
years’ continuous
service
Age Percent
Discount
Age Percent
Discount
Age Percent
Discount
55 15 55 25 50 25
56 12 56 22 51 22
57 9 57 19 52 19
58 6 58 16 53 16
59 3 59 13 54 13
60 0 60 10 55 10
61 0 61 8 56 8
62 0 62 6 57 6
63 0 63 4 58 4
64 0 64 2 59 2
65 Normal
Retirement
65 Normal
Retirement
60-
65
Normal
Retirement
NOTE
The above factors apply to employees who do not otherwise
qualify for undiscounted early retirement pension.
14.2.5 Early Retirement - With Discount
1. The early retirement discount factors shown in Table 1 are for employees
with twenty-five (25) or more years' continuous service (except females
hired before 1976) who do not qualify for undiscounted early retirement
pension.
2. All employees who terminate and vest their pension will be entitled to the
same early retirement discount as set out under 1. above provided they had
completed twenty-five (25) years' continuous service by the date of their
termination.
3. The early retirement discount factors shown in Table 2 apply to all
employees who have fifteen (15) or more but less than twenty-five (25)
years' continuous service, except females hired before 1976.
4. The early retirement discount factors shown in Table 3 apply to all female
employees hired before 1976 who have fifteen (15) or more years' continuous
service and do not qualify for an undiscounted pension.
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14.2.6 Transfer of Pension Credits Between Reciprocal Employers and
Inergi LP
Providing the reciprocal employers agree, the pension credits may be transferred to
and from the reciprocal employer and Inergi LP if the affected employees have fully
vested their pension credits with the former employer and were hired by Inergi
LP/reciprocal employer within three (3) months of the termination date. This
provision allows retroactive application.
14.2.7 Commuted Value After Age of Retirement
Effective January 1,2013 and subject to regulatory approval, the parties
agree to amend the existing defined benefit pension plan and any other
necessary documents to eliminate the option of pension plan members ,
after becoming eligible to retire under the terms of the pension plan and
who take the commuted value of their pension benefits will not be eligible
for post retirement benefits.
14.3 Group Life Insurance
14.3.1 At the time permanent wage adjustments to base annual earnings (as
defined in the insurance plan) are implemented, adjustments will also be
made in insurance coverage as follows:
1. If the change is effective on or between the first calendar and the
first fiscal day of the month, eligibility is established for the given
month.
2. If the change is effective on any other day of the month, eligibility is
established for the next month.
3. Group Life Insurance (The Group Life Insurance Plan forms part of
this Collective Agreement).
14.3.2 Life insurance coverage of $20,000.00 will be provided for employees who
are required to work or travel in helicopters or aircraft. This coverage shall
be in addition to the Group Life Insurance Plan.
14.3.3 Spousal and Dependent Life Insurance
Effective July 1, 1994, eligibility under the Spousal Life Insurance Program in place
as of April 1, 1994 will be extended to PWU represented employees. Effective July 1,
2001, eligible dependents will be eligible for life insurance coverage on the same basis
as the Spousal Life Insurance Program at no cost to the Company.
15.0 RETIREMENT
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15.1 Bonus and Outstanding Vacation Payments on Retirement
1. An employee who has completed ten (10) years of continuous employment,
shall be given, on retirement, a cash bonus equal to one (1) month's pay. (In
the case of a regular part-time employee, the one (1) month's pay will be
pro-rated as per Part A, Item 1.2.2).
2. The employee on retirement shall also be given a cash payment for any
outstanding vacation credits. The cash payment will be on the same basis
as outlined in Part A, Section 6.6 - Vacation Payment on Termination.
3. If required by the Company to postpone his/her vacation for the year
immediately prior to retirement, he/she shall receive a cash payment for
that period. No payment shall be made for unused vacation for any other
years.
15.2 Retirement While Ill
An employee who falls ill and is not able to return to work prior to the approved
normal or early retirement date, shall, subject to approval by the Company appointed
Physician, continue to be carried on the payroll as follows:
15.2.1 Sick Leave Grant Extends to or Beyond Retirement Date
If the sick leave grant carries the employee to or beyond the approved retirement
date, the employee shall be retired upon being declared fit to return to work, or upon
expiration of the sick leave grant, whichever comes first. The employee shall be given
a cash payment in lieu of any outstanding vacation entitlement up to normal
retirement date (see Subsection 15.1(2.) preceding), plus a bonus of one (1) month's
pay (if applicable, see Subsection 15.1(1.)).
15.2.2 Vacation Credit and Bonus Extends to or Beyond Retirement Date
If the sick leave grant expires prior to the approved retirement date, but part or all of
the outstanding vacation credit (Part A, Section 6.6 - Vacation Payment on
Termination) and bonus of one (1) month's pay (if applicable, see Subsection 15.1(1.)
preceding) carries to or beyond the approved retirement date, the employee shall be
given a cash payment in lieu of any unused portion of:
1. The vacation credit accumulated up to the expiry of the sick leave; and/or
2. The month's bonus.
15.2.3 Sick Leave Grant, Vacation Credit and Bonus Expires Before
Retirement Date
If the sick leave grant together with any outstanding vacation credit and month's
bonus (where applicable, see the preceding Subsection 15.1(1.)) does not carry to the
approved date, the case shall be referred to the Company appointed Physician for a
determination of the employee's eligibility for LTD.
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15.2.4 Unused Vacation Credit for Preceding Year
An employee on sick leave grant which extends over the beginning of a calendar year
may be allowed credit for any unused vacation for the preceding year, subject to the
approval of the director, or official of equivalent or higher status with the concurrence
of the Company appointed Physician.
16.0 REDUCED HOURS OF WORK FOR EMPLOYEES
WHOSE NORMAL HOURS OF WORK ARE FORTY (40) PER WEEK
Effective April 1, 1994, the base work week for 39.5 hour per week employees was
reduced to 39.0 hours per week.
1. The normal scheduled and paid hours of work will remain at forty (40) per
week.
2. Overtime rates will be paid for all hours in excess of normal scheduled
hours.
3. This banked time may be taken on such days as the employee and his/her
supervisor mutually agree upon following reasonable advance notice on the
part of the employee.
4. Banked time may be taken off in a minimum of half-day (i.e., four (4) hour)
increments.
5. Banked time accumulated in a calendar year must be taken by April 30th of
the following year.
6. Where the employee is unable to reach mutual agreement with his/her
supervisor to take his/her banked time entitlement (except when
exhausting sick leave prior to LTD as noted in Part A, Item 12.2.1), unused
banked time entitlement will be assigned on the last working day(s) prior to
April 30th.
7. Where an employee falls sick on his/her scheduled banked time off, that day
will not be charged against his/her sick leave credits, but shall be treated as
banked time off for pay purposes.
8. Banked time will not accumulate for any period of unpaid leave exceeding
forty (40) consecutive scheduled hours. Scheduled days off will not be
considered as breaking the consecutive nature of scheduled hours. Banked
time will accumulate during a paid leave of absence and
Pregnancy/Adoptive/Parental Leave.
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9. When an employee terminates or when an employee is reclassified to a job
where the normal hours of work are less than forty (40) hours per week,
unused banked time will be paid off at straight time rates.
16.1 Alternate Hours of Work Arrangements
In the interests of promoting organization effectiveness whilst meeting the needs of
employees, the local Chief Steward and the appropriate management designate may
agree to Hours of Work Arrangements for a work group or crew other than the
normal scheduled hours/days for purposes of using up banked hours only. Either
party with reasonable notice may cancel or request a change to the hours of work
arrangement. Where banking of time is the agreed upon arrangement, the provisions
of 16.2 will apply.
The following organization effectiveness criteria will be considered to determine
which hours of work arrangement including banking time is appropriate.
(i) Where possible, hours should be arranged to allow more flexibility for
employees.
(ii) Productivity levels overall will be maintained.
(iii) Cost effectiveness, e.g., impact on overtime, staff levels.
(iv) Requirement for job coverage.
(v) Effective work flow and interface among work units.
(vi) Level of service to external and internal customers.
16.2 Where an alternate hours of work arrangement has not been agreed to in
16.1, the employees will continue to work forty (40) hours per week,
banking one (1) hour per week at straight time subject to the following:
1. The normal scheduled and paid hours of work will remain at forty (40)
per week.
2. Overtime rates will be paid for all hours in excess of normal scheduled
hours.
3. Bearing in mind organization effectiveness and with reasonable
advance notice on the part of the employee, this banked time may be
taken on such days as the employee and his/her supervisor mutually
agree. Banked time must be taken by April 30th of the following year.
4. Banked time for shift workers shall be rescheduled as part of the time
balanced schedule. Should the parties affected by a particular
schedule mutually agree otherwise, the banked days may be
scheduled outside the shift schedule.
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5. Banked time may be taken off in a minimum of half day (i.e., four (4)
hour) increments. By mutual agreement fewer hours may be taken off
to accommodate abnormal situations.
6. Banked time will be calculated on a calendar basis. At that time bank
time credits will be calculated and adjusted accordingly. Note: This
represents a change in the period used for calculating banked time
(i.e., from April 1st – March 31st). Employees will not earn more or
lose time as a result of this transition.
7. Where the employee is unable to reach mutual agreement with his/her
supervisor to take his/her banked time entitlement (except when
exhausting sick leave prior to LTD as noted in Part A, Item 12.2.1),
unused banked time entitlement will be assigned on the last working
day(s) prior to April 30th.
8. Where an employee falls sick on his/her scheduled banked time off,
that day will not be charged against his/her sick leave credits, but
shall be treated as banked time off for pay purposes.
9. Banked time will not accumulate for any period of unpaid leave
exceeding forty (40) consecutive scheduled hours. Scheduled days off
will not be considered as breaking the consecutive nature of scheduled
hours. Banked time will accumulate during a paid leave of absence,
and pregnancy leave and parental leave.
10. When an employee terminates or when an employee is reclassified to
a job where the normal hours of work are less than forty (40) hours
per week, unused banked time will be paid off at straight time rates.
11. Within the calendar year, banked time may be taken off prior to it
being earned. If an employee leaves a banked time arrangement
having taken more time than time earned, the employee will pay back
the unearned amount by one of the following methods:
i) vacation or floating holidays, and where applicable statutory
holiday credit;
ii) payroll deduction - the employee may be required to provide
written authorization for payroll deduction.
17.0 PAYMENT FOR ALLOWANCES
17.1 Temporary Instruction
17.1.1 Daily Allowance
An allowance of $30.00 per day or part of a day will be paid to an employee
withdrawn from his/her normal duties for up to a maximum of thirty (30) consecutive
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working days, to prepare for and/or to deliver classroom instruction or group
demonstration.
Instructors assigned beyond thirty (30) consecutive working days will be compensated
at the regular Training Technician rate (Grade 65, Step 5), or six percent (6%) more
than the individual's normal base rate whichever is greater.
Temporary Instructor requirements anticipated to exceed five (5) months in duration
but not greater than eighteen (18) months shall be posted as Temporary Instructor
vacancies (as per Article 10). Compensation will be at the regular Training
Technician rate (Grade 65, Step 5), or six percent (6%) more than the individual's
normal base rate whichever is greater.
These training delivery opportunities will be distributed as equitably as possible
based on the skills necessary to carry out the training.
Employees so appointed who are required to give instruction outside of normal
working hours shall be paid for this time at the appropriate premium rate in addition
to the allowance/rate.
This allowance would not apply to:
preparing and/or presenting a segment of his/her routine safety meeting;
on the job training given by an employee;
those employees whose normal duties include instruction;
any supervisor who is not removed from his/her normal duties and who
receives greater than five percent (5%) more than those he/she supervises;
normal journeyperson to apprentice relationships; and
the evaluation of performance on a specific training project as in the
Electrical Maintenance Training Program.
18.0 HEADQUARTERS
18.1 General
Two classes of headquarters are established by the Company: work headquarters
and residence headquarters.
18.2 Definitions
Work Headquarters - Regular: That location to which the employee normally
reports in order to receive his/her daily work assignment or to perform his/her
regular duties.
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Work Headquarters - Temporary: The centre from which an employee is directed
to work when carrying out all or part of his/her duties away from his/her regular
work headquarters.
Residence Headquarters: The residence headquarters is that location within
which or adjacent to which he/she is expected to reside or is assumed by the Company
to reside for purposes of payment of allowances.
NOTE
The residence headquarters may or may not be the same
location as the work headquarters.
Householder: Householder is defined as a person who maintains a complete
dwelling.
18.3 Establishment of Headquarters
18.3.1 Work Headquarters
The Company may, at its discretion, establish work headquarters in any location for
effective administration.
Notice Period - Overnight Absence at Temporary Work Headquarters: In the
event an employee is assigned to temporary work headquarters and overnight
absence is required, five (5) working days’ notice will be given. Notice will not be
required where emergent conditions exist.
Penalty: Failure to provide notice as above will require payment of premium3 rates
for work performed from the temporary work headquarters until the notice period has
expired. This provision does not apply to travelling crews.
18.3.2 Residence Headquarters
The establishment of residence headquarters will be dependent upon the presence of
adequate living facilities at that location.
Residence headquarters for employees with no spouse or dependents may be any
location where there are boarding facilities either Company or privately owned.
Residence headquarters for employees with a spouse and/or dependents may be any
location where there is housing accommodation whether it be Company or privately
owned.
NOTE
Such accommodation must be one at which it is reasonable
for the employee to reside.
3 Time and one-half for four hours, double time for next four hours.
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Establishment of New Residence Headquarters: When a residence
headquarters is established in a location which was not previously so designated, the
Human Resources Consultant shall advise Labour Relations who, in turn, shall
advise the Union.
NOTE
The Union need not be advised on individual moves from one
established residence headquarters to another.
18.4 Change of Headquarters Upon Transfer
18.4.1 Advice of Headquarters
An employee shall be advised, when employed or transferred, of the location of
his/her residence and work headquarters.
18.4.2 Notice of Transfer
When employees with more than one (1) month's service are transferred and a change
of residence headquarters is involved, a minimum of one (1) month's written notice
shall be given. This shall not apply in the case of an employee being transferred as a
result of an advertised vacancy or as a result of the Worksite Redeployment clause of
Article 11.0.
18.4.3 Duration of Stay in New Residence Headquarters
Householder: A change in residence headquarters will not be made for a
householder unless it would appear that he/she will be located at the new residence
headquarters for a period of at least six (6) months.
Living in Trailers: For those employees living in household trailers, moves for
lesser periods than six (6) months may be authorized at the discretion of the division
or region concerned, bearing in mind the distance and economics involved.
19.0 TRAVELLING TIME OUTSIDE NORMAL WORKING HOURS
19.1 When a supervisor directs an employee to travel between one work centre and
another work centre, outside of their normal working hours, they shall be
entitled in any calendar day to payment for travelling at the appropriate
premium rate in accordance with conditions governing overtime up to a
maximum of the number of hours which constitute a normal work day subject
to the following:
1. Overtime will be paid when employees are required to drive a Company
vehicle outside normal working hours unless being used exclusively for
their own personal transportation.
2. When travelling by public transportation, travelling time shall be
considered to include waiting periods beyond the employee's control up to a
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maximum of five (5) hours; both preceding, during and subsequent to the
travelling period, but excluding meal periods (one (1) hour each) occurring
during the waiting period.
3. When overnight accommodation is allowed and available, compensation
shall not be made between 2300 hours and 0800 hours, nor shall the time
spent for noon and evening meals (one (1) hour each) be subject to
compensation.
4. Travel time (including return trips), outside of normal working hours
associated with, selection interviews, attendance at training courses, or
attendance at conventions (except where it is part of the employee’s normal
function) will be compensated at straight time.
5. Actual time spent traveling on the first trip when a temporary work
headquarters is assigned and the last trip when he/she returns to his/her
regular headquarters will be compensated at straight time.
6. Employees are entitled once every two weeks to payment for actual time
spent traveling at straight time up to a maximum of three hours each way
between temporary headquarters and regular work headquarters excluding
traveling time covered under Section 19.1 above.
19.2 No compensation for travelling time outside the normal working hours shall
be made in the following circumstances:
(a) When a change of residence headquarters and related transfer is
involved, the employee will normally travel during normal working
hours without any loss of base pay. If the employee is required to
travel on a regular day off, payment for travelling time will be made
at straight time up to a maximum of the number of hours which
constitute a normal work day.
(b) On periodic return to residence headquarters resulting from a
permanent transfer, as outlined in Section 23.12.
(c) For a new employee reporting to some administrative centre or
station for instruction or training before reporting for work at his/her
new location.
NOTE
Equivalent time off without pay may be granted on the basis
of an hour off for each hour spent travelling provided the
workload permits.
20.0 COMPENSATION AT TEMPORARY HEADQUARTERS
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The company may assign work directly to employees at Temporary
Headquarters if the duration of the assignment is five (5) consecutive days
or less. These short term assignments are not to be used back to back and
may not exceed ten (10) days total in a three (3) month period.
For assignments greater than five (5) consecutive days, Management will
solicit volunteers with the necessary skills for assignments to temporary
work headquarters. Volunteers will be the first to be assigned to temporary
work headquarters. If there are insufficient volunteers with the necessary
skills within one (1) working day, Management will assign temporary work
headquarters on a rotational basis in order of seniority (e.g., senior
choice/junior force basis). These assignments will be distributed as
equitably as possible over time.
The employees scheduled hours per work week will not be changed or
reduced as a result of these assignments unless mutually agreed by the
employer and employee. The Union reserves the right to challenge these
decisions.
All travel between assignment locations will be completed on paid employer
time during normal scheduled hours.
20.1 Employees required to work at a temporary work headquarters who use their
own personal vehicles to travel to the temporary work headquarters will be paid
a travel expense equivalent to the return road kilometres between the temporary
work headquarters and the regular work headquarters subject to the conditions
and limitations below:
Employees who travel 10 kilometres or less in one day between a temporary work
headquarters and the regular work headquarters do not qualify for benefits under this
provision.
At the company’s discretion, the company will provide a rental vehicle/company vehicle
when it is in the company’s interest to do so. The company will not pay for a rental vehicle
unless the employee has obtained prior approval.
No travel expense payments shall be made to a passenger in a vehicle.
No travel expense payments shall be made to an employee traveling in a Company paid
rental vehicle or company vehicle.
When it is reasonable to do so the employee may remain at the temporary work
headquarters rather than commuting daily.
It is the responsibility of the employee to report to the temporary work headquarters at
their normal starting time and remain until their normal quitting time, unless directed
otherwise.
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No travel expense shall be paid where the employee’s assignment at a temporary location
is the result of the employee applying for and being awarded a rotational opportunity after
April 1, 2007.
20.1. The employee’s scheduled hours per work week will not be changed or
reduced as a result of these assignments unless mutually agreed by the
employer and employee. The Union reserves the right to challenge these
decisions.
All travel between assignment locations will be completed on paid employer
time during normal scheduled hours.
20.2 Expenses – Outside Residence Headquarters
The Company shall assume, within reasonable limits, the cost associated with meals,
travel and lodging while an employee is assigned to a temporary headquarters.
Where possible, single room accommodation will be provided.
Board and lodging shall be supplied without charge if the employee is living in
Company-operated quarters.
21.0 METROPOLITAN TORONTO BOUNDARIES
For purposes of payment of travelling allowances the boundaries of Metropolitan
Toronto, for Company purposes, shall conform to the Toronto metropolitan area
boundaries as recognized by the municipalities constituting Metropolitan Toronto.
NOTE
This does not affect other special settlements relative to
moving allowance, meals, etc., presently in effect within the
metropolitan area of Toronto.
22.0 KILOMETRE RATES
Kilometre rates paid to employees using their automobiles on Company business
shall be as follows:
1. The rate paid per kilometre is related to changes in the Private
Transportation Index component of the Consumer Price Index of Canada.
2. Future increases of one cent per kilometre will occur with each additional
ten percent (10%) point increase from the base figure of 31.5 (1992 CPI =
100) in accordance with the formula described in a letter of agreement
between The Company and the Union dated May 25, 1983.
3. Conversion factor is 1 mile = 1.6 kilometres.
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4. A decline in the index below the level of a previously surpassed trigger
point for two or more consecutive months will result in a reduction in the
paid rate to the appropriate amount.
5. The effective date for any new kilometre rate triggered by this indexing
formula will be the first of the month following the month in which the
index is published.
6. The additional payment for hauling household trailers will be nine cents
per kilometre. The payment for hauling smaller trailers (camper, ski-doo,
boat, etc.) will be three cents per kilometre.
7. The above rates will apply on a province-wide basis.
As a condition of employment, the Company does not require anyone to own a car.
When transportation is required, the employee may, with the Company’s approval
elect to use his/her own car at the approved kilometre rate but if he/she does not elect
to use his/her own car or if he/she does not own a car, the Company will, if necessary,
provide alternative transportation appropriate to the occasion. However, ownership
of an appropriate driver's license may be a condition of employment in some
situations.
23.0 TRANSPORTATION AND MOVING EXPENSES
23.1 General
Method of Transportation: The method of transportation and all expenses
chargeable to the Company in moves of employees are subject to the control and
approval of the Company.
Packing and Shipping Furniture: In view of the Company’s willingness to pay for
packing furniture, as well as transportation, employees usually will not be allowed
time or travelling expenses to return from point of work in order to look after packing
and shipping of furniture, subject to Subsection 23.5, Time Off For Move.
23.2 Notice of Transfer
Refer to Section 18.4.2.
23.3 Transfer of Temporary Employees
The Company will only pay necessary travelling expenses of temporary employees
when they are moved from one location to another at the Company’s request.
NOTE
The transportation of families and/or furniture of such
employees will not be paid.
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23.4 Appointment of New Probationary Employees
A new employee hired for a regular position in a location other than the point of hire
will not ordinarily be recompensed for moving expenses.
NOTE
In exceptional cases, as part of the employment agreement, a
director may pay all or part of the moving expenses of the
employee and household to the location where the employee
will be employed.
23.5 Transfer of Regular Employees
The following instructions will apply to all regular employees subject to the following
limitations: In the case of regular part-time positions, expenses for employees will be
pro-rated based on the hours of the position into which they are moving except for
moves governed by Article 11.20 in which case Part A, Item 23.0 applies in whole.
Householders: When the residence headquarters of a regular employee, who is a
householder, is changed and the employee's work headquarters is moved fifteen (15)
kilometres further from his/her home and such employee has moved his/her
household at least fifteen (15) kilometres closer to his/her new work headquarters,
the Company will pay the cost of:
NOTE
A householder is defined as a person who maintains a
complete dwelling.
1. Transporting the employee and family.
2. The packing, freight or truck charges on household effects, among which
will be included boats and second automobiles which are part of the
personal effects of the employee.
NOTE
Items of this kind which are used for business farming or
commercial purposes, as well as large boats such as
houseboats which would require special transportation would
not be included in moving expenses paid by the Company.
3. The cost of board and lodging for the employee's family while furniture is in
transit.
Board and Lodging: The Company will also pay the expenses or board and
lodging allowance for the employee as applicable under Part A, Section
23.15.
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Part C, Job/Field Clerks: Moving expenses will only be paid when there is a
minimum of six (6) months’ work available at an established work
headquarters or on a special project for these employees who are
householders.
NOTE
For regular employees living in household trailers, moves for
lesser periods of time than six (6) months may be authorized
by the department head or construction manager concerned.
In this connection the distances and economics must be
carefully considered.
Incidental Out-of-Pocket Moving Expenses: Employees may claim a $4,500
allowance for miscellaneous out-of-pocket expenses required by the move. The
requirement for supporting receipts and taxability of the allowance will be governed
by Accounting Service Procedures.
Lease Termination: The Company will pay up to the maximum of two (2) months
rent towards the actual cost in terminating a lease.
Time off for Move: If regular employees who are householders are required to move
their household to new residence headquarters on a regular scheduled day of work,
they shall be granted one (1) day off with pay to assist in the move.
NOTE
Extension of this time off with pay will be at the discretion of
the director concerned.
Non-householders: When the residence headquarters of a regular employee who is
a non-householder is changed, the cost of transporting the employee will be paid. A
director, at his/her discretion, may authorize actual moving expenses to a maximum
of $500.00 or a lump sum payment of $500.00 towards the cost of moving personal
effects, including furniture. No reimbursement will be made for incidental
out-of-pocket expenses.
Kilometre: All employees described under the Householders and Non-householders
sections may be allowed the regular kilometre rate for driving the employee's car to
the new location provided that such cost is not more than it would otherwise cost for
transportation of the employee's family and for freight on shipment of the automobile.
NOTE
When the Company considers a preliminary trip to the new
location is necessary for interview or for the employee to
seek a house, the time, board and lodging and travelling
expenses of the employee may be paid.
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Legal and Real Estate Brokerage Fees: In addition to the provisions of the
Householders and Kilometre sections, with the exception of employees and
circumstances listed in Exceptions subsection below, regular employees who are
householders, required by the Company to move their principal residence, shall be
entitled to the following:
1. The Company will reimburse the employee up to $3,500.00 for legal fees
and disbursements actually incurred in selling the old residence and/or
buying the new principal residence, (legal fees will be in accordance with a
standard recognized scale and could include such items as land transfer tax,
survey and legal fees associated with arranging or discharging a first
mortgage and mortgage appraisal fees).
2. The Company will reimburse the employee for standard brokerage fees up
to $11,500.00 related to the sale of the old principal residence.
3. To qualify for payment of expenses involved in purchasing a new residence,
the employee must give written notice at the time of his/her transfer that
he/she intends to buy a residence.
4. If an employee sells a mobile home [i.e., a trailer designed and used
exclusively as a residence which exceeds 2.6 metres (8.5 feet) in width or
10.67 metres (35 feet) in length], he/she is considered to have sold his/her
residence.
5. When an employee's actual cost exceeds the maximum allowed in either 1
or 2 above the employee may utilize any surplus in the other item up to the
maximum of $15,000.
Exceptions: Any transaction which is not commenced within one (1) year of the date
of the employee's transfer. Extension of this time period shall be at the discretion of a
director.
Moves resulting from a demotion for cause.
23.6 Housing Assistance Plan
Eligibility for the Housing Assistance Plan is conditional on the employee abiding by
all the requirements of the Housing Assistance Plan as listed below:
23.6.1 Application
23.6.1.1 The housing assistance plan applies to regular employees eligible under
Item 23.5 who are subject to a forced transfer or who have received a
written declaration that they are surplus.
23.6.1.2 The provisions of this policy are only applicable to the principal residence of
the employee, but do not cover other commercial (income producing)
properties, cottages which are not the principal residence, farms,
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commercial real estate holdings, tenanted properties (e.g., duplex or
triplex), mobile homes on leased land, or residences with urea formaldehyde
foam insulation (UFFI) or properties as defined in Item 23.6.1.3.
23.6.1.3 It will be the prerogative of the Company to reject an employee's application
for Housing Assistance if the property is not an acceptable risk, with free
and clear title.
23.6.2 Purchase Guarantee
23.6.2.1 The Company will provide a purchase guarantee based on an appraisal of
the property's current worth by a group of up to three (3) appraisers, to be
selected by mutual agreement between the Company and the employee.
The appraisals will be done at a time that is convenient to the employee and
his/her family. Individual appraisals provided to the Company by the
realtors/appraisers will not be disclosed to ensure objectivity for current and
future appraisals.
23.6.2.2 The Company will not request appraisals until the employee is ready to list
his/her house in the marketplace, providing this is within one (1) year of the
employee's transfer to the new work location, and the employee is prepared
to abide by Subsection 23.6.2.4 and Subsection 23.6.3.1.
23.6.2.3 The employee must accept or reject the Company’s Purchase Guarantee
within five (5) working days of its receipt. If the employee rejects the
Purchase Guarantee, the Company has no further responsibility with
regard to Housing Assistance or the Purchase Guarantee, however, the
employee will still be entitled to the other relocation assistance benefits
including 23.6.5.3.
23.6.2.4 If the employee wishes to participate in the Housing Assistance Plan, the
employee must not list the property for sale until the Purchase Guarantee
has been accepted.
23.6.3 Listing of Property
23.6.3.1 If an employee chooses to participate in the Housing Assistance Plan, by
accepting the Purchase Guarantee, the employee will immediately list the
property for ninety (90) days on MLS (where such service is available) at a
price not exceeding one hundred seven percent (107%) of the guaranteed
price.
23.6.3.2 Under the Housing Assistance Plan, the Company purchases an employee's
principal residence in the former location at market value, if the employee
is unable to sell it within ninety (90) days. The house may be purchased by
or turned over to the Company after thirty (30) days if the house is vacant
and the employee agrees with this action. The employee must put in
writing that no real estate fees will be paid if the property is purchased by
the Company.
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23.6.3.3 The employee will retain the right to sell to a third party until such time as
the property is purchased by or turned over to the Company for resale.
23.6.3.4 In order to assist the employee to dispose of the property expeditiously and
at a fair market value, the employee must notify the Employee Relocation
Administrator of all offers to purchase during the listing period. The
Company may ask the employee to accept an offer which is lower than the
Purchase Guarantee, whereupon the employee will be compensated for the
difference between the Company’s Purchase Guarantee and the amount of
the offer. The employee's acceptance of any offer less than the Company’s
Purchase Guarantee is not mandatory and the employee will retain control
of the sale of the residence throughout the listing period. All offers to
purchase will be held in confidence by the Employee Relocation
Administrator.
23.6.4 Sale of Property by the Company
23.6.4.1 The employee must be prepared to sign power of attorney authorizing the
Company to sell property on the employee's behalf on the first day following
the ninety (90) day listing period. If the employee will be unable to vacate
the premises at that time, the Employee Relocation Administrator must be
notified.
23.6.4.2 The Company will pay to the employee the difference between the value of
the property to the Company (Purchase Guarantee) and all existing
encumbrances, including the advance of equity when the house is turned
over to the Company or at the end of the ninety (90) day listing period,
whichever comes first.
23.6.4.3 When an employee applies for assistance under this procedure, he/she must
declare under oath, if required by the Company, all encumbrances of any
nature or kind whatsoever, including executions, chattel mortgages, and
notices of conditional sales contracts which the employee is obliged to pay.
23.6.4.4 In consideration of the payment to the employee of the amount established
in Subsection 23.6.4.2, the employee will complete a deed of sale of the
property, conveying the same by good and marketable title, but subject to
all existing encumbrances, to the Company or its nominee.
23.6.5 Advance of Equity
23.6.5.1 In order to provide the employee with funds for a deposit or down payment
on a residence at the new location, an advance of up to one hundred percent
(100%) of the employee's equity (Purchase Guarantee minus encumbrances)
in the employee's principal residence at the former location may be loaned
to the employee by the Company.
23.6.5.2 If the employee accepts the Company purchase guarantee and sells his/her
principal residence during the ninety (90) day listing period, he/she is
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responsible for repaying the Advance of Equity to the Company within five
(5) working days of the closing date of the sale of the former residence.
Failure to do so will activate the appropriate interest charges to the
employee based on the Treasury Division's Published Interest Rate
Schedule (employee housing loan five-year term) in effect on the closing
date of sale. It is the employee's responsibility to repay the Advance of
Equity to the Company within five (5) days of the sale of the former
residence, or within ninety (90) days from the date of issue of the Advance,
whichever comes first.
23.6.5.3 An employee who rejects the Company’s Purchase Guarantee, may take
advantage of the Advance of Equity option. If the former principal
residence is not sold within ninety (90) days of the date of issue, the
employee must pay interest to the Company at his/her own expense
commencing on the ninety-first (91st) day. The interest rate will be based
on the Treasury Division's Published Interest Rate Schedule (employee
housing loan five (5) year term) upon the expiration of the ninety (90) day
period. It is the employee's responsibility to repay the Advance of Equity to
the Company when the former residence is sold, or within one hundred
eighty (180) days (six (6) months) from date of issue of the Advance,
whichever comes first.
23.6.6 House Evaluation and Guarantee Plan
Upon subsequent transfer within the Company, an employee will be guaranteed
his/her purchase price up to a maximum of four times his/her base salary at the time
of the transfer (plus or minus $3,000 for improvements or damages to the property).
This guarantee will be for a period of ten (10) years from the date of purchase.
Improvements must be verified by receipts and do not include normal painting,
decorating and maintenance costs. An employee may not sell his/her house for less
than the guaranteed amount without the consent of the Company.
If an employee contracts to have a house built in the new location, the Employee
Relocation Administrator, must arrange for an appraisal of the new principal
residence upon completion to establish the "guarantee amount".
If an employee who is eligible for the House Evaluation and Guarantee Plan rejects,
or does not qualify for, the Company’s Housing Assistance Plan, the following
stipulation will apply. The employee must not sell to a third party for a price less
than the employee's original purchase price, unless the sale price is approved by the
Employee Relocation Administrator.
The price level guaranteed by the House Evaluation and Guarantee Plan will be
modified downwards in the event of a significant reduction in the level of real estate
prices throughout Ontario.
23.7 Transfer of Regular Employees - Staff Reduction and Recall
Procedure - PWU Agreement - Article 11
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No moving expenses will be paid for an employee being recalled to a vacancy.
Recall shall include employees who are reclassified from a lower classification to their
original classification as well as employees who have terminated employment and are
recalled.
When regular employees who, with the approval of the region or division are
occupying a house or a trailer on Company property or a site under control of the
Company, become surplus and are unable to transfer under Article 11 but are laid off,
they shall, if required by the Company to move, be reimbursed under Section 23.5 or
23.7, whichever is applicable, in an amount equal to the cost of a move back to the
regional office or to the actual location to which the employee desires to move,
whichever is the lesser.
23.8 Use of Trailers
Special Trailer Allowance: Regular employees entitled to moving expenses who
are moving to sites that do not have convenient facilities for parking household
trailers will be entitled to a special trailer allowance of $150.00. Such facilities
include blocking up of trailers, hook-up of water, sewage, electricity and the like.
NOTE
Employees moving to established trailer parks, either
privately owned or on Company property, will not be entitled
to this special allowance.
At Temporary Headquarters: Regular employees who desire to live in a trailer
while working away from their residence headquarters may do so with the approval
of the department head.
When moving the trailer from one temporary location to another temporary location,
the employee will be allowed the cost of only public transportation unless the
employee is using his/her car for Company purposes, in which case the standard
kilometre rate will be allowed.
At Residence Headquarters:
1. When a regular employee lives in a trailer and moves it to the new
residence headquarters by car, payment shall be:
(a) In addition to the authorized car kilometre rate, a sum equal to nine
cents per kilometre for moving by the shortest practical route
between the two residence headquarters.
(b) Normal living expense en route for the employee and immediate
family.
(c) The special trailer allowance of $150.00 will be paid.
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NOTE
Incidental out-of-pocket moving expenses will not be paid.
2. When an employee lives in a trailer but does not own a car or feels that the
car is not suitable to pull the trailer:
(a) The Company will arrange for the moving of the trailer by the most
economical method.
(b) The employee will be responsible for arranging a new location for the
trailer.
(c) The employee and/or family will not occupy the trailer while in
transit.
(d) Transportation expense will be supplied in the same manner as if the
employee were moving from one house to another except that
incidental out-of-pocket moving expenses will not be paid.
(e) The special trailer allowance of $150.00 will be paid where
applicable.
3. When an employee who lives in a trailer, decides to live in a house at the
new location:
(a) Personal effects and furniture excluding the trailer will be moved.
(b) The employee and family will be supplied transportation in the usual
manner.
(c) The employee may claim a $4,500 allowance for miscellaneous out-of-
pocket expenses required by the move. The requirement for
supporting receipts and taxability of the allowance will be governed
by Accounting Service Procedures.
4. When an employee who lives in a house decides to live in a trailer at the
new location, payment shall be either:
(a) Moving expenses for furniture and family, but not trailer, if the
employee desires the furniture shipped, or
(b) Expenses as outlined in residence headquarters Subsections 1. and
2., if furniture is moved in the trailer.
(c) The special trailer allowance of $150.00 will be paid where
applicable, but the disturbance allowance will not be paid.
NOTE
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The Company will not accept responsibility for any damage
to an employee's trailer and/or contents while in transit
under any of the circumstances mentioned in Subsection 1.5.
23.9 Transfer to Non-Supervisory Vacancies: Other Positions
Where management requests an individual employee to submit his/her application to
a “Non-Supervisory Vacancy: Other Positions” to a particular location, moving
expenses as outlined in Subsections 23.5 and 23.7 will be paid.
The payment of moving expenses to employees who are being transferred at their
request and entirely for their own accommodation will be at management's discretion.
23.10 On Retirement
A regular employee on retirement shall be reimbursed under Subsection 23.5 or 23.7,
whichever is applicable, in an amount equivalent to the cost of the move to any
location in Ontario in which the employee desires to settle if:
1. A house or trailer is occupied on Company property or a site under the
Company’s control; and
2. The Company requires the move.
23.11 Allocation of Moving Expenses
When an employee is moved from one location to another, the expenses involved shall
be charged to the location to which the employee is moved except in the case of a
move of a retiring employee occupying a Company-owned house. In this instance the
expenses shall be charged to the residence headquarters at the time of retirement.
23.12 Return to Residence Headquarters on Permanent Transfer
An employee permanently transferred to a new residence headquarters will be
reimbursed for expenses incurred in returning to his/her old residence headquarters
once each week until he/she moves his/her family to the new location. The maximum
period of entitlement will be four (4) months from the date of transfer to the new
residence headquarters unless extension is authorized by the appropriate director.
Entitlement shall cease when the employee moves his/her family to the new location.
All travel time associated with the return to residence headquarters will be outside
the employee's scheduled hours of work.
The employee will not be entitled to claim payment for travel time.
23.13 Conditions of Return Trip
The return trips mentioned in Section 23.12, will be granted subject to the following
conditions:
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23.13.1 Scheduling of Trips
Return trips to residence headquarters shall be made at times when service or
apparatus will not be jeopardized thereby except in case of emergency such as illness
in the family or other matters highly important to an employee.
The Company will schedule the trip to meet the needs of the majority concerned or by
mutual agreement where the work of some employees is dependent on the assistance
or presence of other employees.
23.13.2 Use of Company Vehicles
The round trip to residence headquarters must be made within the scheduled non-
working period. It must be made in a Company vehicle whenever the services of a
suitable vehicle are available.
When a suitable Company vehicle is available, employees who do not avail
themselves of these facilities will not be reimbursed for transportation expenses.
Those who remain at the temporary work headquarters will be treated as if they were
at residence headquarters.
When transportation by Company vehicle is not provided, the equivalent of public
transportation costs or the standard kilometre allowance, whichever is lesser, will be
authorized by his/her supervisor for an employee who chooses to use his/her own car
instead of public transportation for himself/herself alone or for carrying other
employees as passengers.
23.14 Alternative to Return to Residence Headquarters
The Company will consider paying travelling costs up to a maximum of the costs to
residence headquarters when an employee wishes to go to some other location for
personal reasons such as to join his/her family who are vacationing.
23.15 Board and Lodging
23.15.1 General
The payment or nonpayment of board and lodging (or living-out allowance in lieu
thereof) shall be predicated on separation or non-separation from the employee's
Residence Headquarters as defined in Part A, Item 18.0.
NOTE
No free board and lodging shall be given to employees while
they are located in their residence headquarters except
where camp facilities are provided.
When Applicable: Board and lodging allowance is only applicable when the
employee is absent from residence headquarters for more than one (1) month.
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For periods of time up to one (1) month, the employee is entitled to submit an expense
report for actual expense incurred.
23.15.2 Rate of Allowance
The board and lodging allowance shall be $45.00 per day.
Statutory Holidays and Vacation: Board and lodging will be allowed for statutory
holidays.
During annual vacation period, lodging expenses only will be allowed, whenever it is
necessary for the employee to retain this lodging for use after vacation, and approval
has been obtained from the department head.
NOTE
If, under certain circumstances and local conditions, the
standard rate is considered inadequate, and it would result
in undue hardship to the employee, a higher weekly limit,
commensurate with existing conditions, may be set with the
approval of the vice-president or the general manager
concerned. In this case, the request must be supported by
vouchers.
23.15.3 Absence from Residence Headquarters
Board and lodging shall be supplied without charge if the employee is living in
Company-operated quarters.
Employees are eligible to claim $20.00 in compensation for laundry and long distance
telephone calls home when away from their normal headquarters for three (3)
consecutive days or more in a week, in addition to actual expenses claimed or any
board and lodging allowance received due to a change in residence headquarters in
accordance with 23.16.
23.16 Change of Headquarters
23.16.1 Regular Employees - Householders
A regular employee shall be paid expenses up to a maximum period of four (4) months
as follows:
Actual expenses for up to one (1) month from the date of actual transfer to the new
location, and thereafter the standard board and lodging allowance until the time the
household is moved to the new location.
NOTE
Such an employee must be a householder and entitled to the
payment of expenses as outlined in Part A, Item 23.0.
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Extension of Allowance: Payment of any allowance beyond the period of four (4)
months must be authorized by the appropriate director.
Eligible Employees: Payment of this allowance will be made only to an employee
who indicates an intention to move to the new location.
If the employee fails to move within the time limit, any cash allowance paid in lieu of
board allowance shall be recovered by the Company unless the reasons for not moving
were beyond the control of the employee and/or the employee actually did board in
the new location during this period.
23.16.2 Non-householders
An employee who is a non-householder shall be permitted actual expenses to a
maximum of up to one (1) month, after which no allowance will be made.
24.0 MEAL PROVISIONS
24.1 Part B Employees (Maintenance Trades)
24.1.1 Conditions Governing Allowance for Meals
Recognizing the fact that employees are required to provide their own meals (except
as in 24.1.2) the following conditions will apply:
1. The Company shall not require an employee to carry or provide more than
one meal on a day when work is performed.
2. Wherever possible, supervisors shall notify employees who do not normally
carry a lunch of the necessity to carry a lunch the following day.
3. If an employee is sent away from headquarters in an emergency without
sufficient notice for him/her to provide and take his/her own lunch, the
Company will pay the cost of the employee's noon day meal.
4. If an employee is required to continue working beyond a normal day, the
Company will provide the employee's meal after two (2) hours or more and
every four (4) hours thereafter while the employee continues working.
5. If an employee is required to work extended periods of overtime, Monday to
Friday inclusive, the Company shall pay the cost of the employee's meal on
approximately a four (4) hour interval basis.
6. If an employee is called out to work extended periods of overtime on
Saturday, Sunday or statutory holidays without forewarning, the Company
shall pay the cost of the employee's meal on approximately a four (4) hour
interval basis. If forewarned, the employee shall carry or provide the first
meal and the Company shall pay the cost of any further meals on
approximately a four (4) hour interval basis.
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7. When overtime has been scheduled in advance, a meal period will be
allowed and no time will be paid for this period. When the overtime is not
scheduled in advance, no time will be deducted if employees eat at the job
site in a minimum of time.
8. In the conditions outlined in 3., 4., 5. and 6., the Company will either bring
the meal to the employee or release him/her from duty long enough to
secure and eat it. Where necessary, the Company will provide
transportation for this purpose.
9. It is recognized that between the hours of midnight and normal starting
time, it may not be feasible for the Company to provide a hot meal and the
employee may not feel the need for one. In such cases, sandwiches and hot
soup or a hot beverage shall be considered as fulfilling the requirement of a
meal.
24.1.2 Winter Meal Provisions
In general, the winter months, for the purpose of this clause, shall cover the period of
December 1st to March 31st for the areas south of the French River and the period
November 1st to April 30th for areas north of the French River. However, if
unseasonable weather is experienced any day during the two (2) week period
immediately prior to the opening dates or subsequent to the closing dates, the
supervisor in charge may, at his/her discretion, treat such days in the same manner
as though they were included in the prescribed period.
During the winter months, if employees are required to work outdoors or in unheated
buildings, subject to 3. hereunder, the Company will:
1. Provide means for carrying or storing the employee's lunches in some warm
place and also provide where necessary, transportation for reaching some
warm and suitable place for eating lunch. Such time involved in
transportation both ways to be absorbed by the Company, thereby allowing
the full meal period upon arrival, or
2. Supply or pay for a hot meal and provide transportation. The meal period's
duration will be between the times of departure and re-arrival at the point
of work and thus any time involved in transportation, both ways, is
absorbed by the employee. Should the meal period be extended beyond its
normal duration, any such excess will be absorbed by the employee by
working equivalent overtime at straight time rates which will result in a
total of normal daily hours of work and pay. This shall not preclude the
providing of a meal when time involved is in excess of the normal meal
period.
3. In some thinly-settled localities, there may be no warm place for storing or
eating lunches, and no place where hot meals may be prepared within a
reasonable distance from the point of work. Such conditions are beyond the
Company’s control and necessarily form part of the working conditions in
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that locality. In such cases, lunches must be carried but employees will eat
on the job in a minimum period of time. Such time shall not be deducted
and the conditions listed above do not apply.
4. Where it is mutually agreeable, employees will carry their lunch and will
eat on the job in a minimum period of time. Where employees work in a
group, the views of a minimum of fifty percent (50%) of the work group shall
prevail and trigger this provision.
24.1.3 Extension of Lunch Periods
Where lunch periods are restricted to half an hour and when it has been
demonstrated that it has been difficult for employees to get their lunch and return to
the job within one-half hour, the Company may exercise its prerogative in extending
the lunch period to a maximum of one hour, with the necessary adjustments to the
working hours of the day.
24.2 Part C Employees (Weekly Salaried)
24.2.1 Provision of Meals
In recognition of the importance of regular meals to an individual's health and
effectiveness on the job, the Company will supply meals as outlined below and when
required, will assign an employee to secure the meals.
(a) Employees provide their own meals on regular days of work.
(b) When an employee works overtime on a regular day off, he/she will be
expected to provide one meal if twenty-three (23) hours notice has been
given.
(c) When an employee works extension overtime before or after normal
scheduled hours, all required meals will be provided by the Company. The
first meal (or meal allowance) will be provided when two (2) hours of
overtime are worked. Subsequent meals or meal allowances will be
provided every four (4) hours of overtime worked thereafter. Where the
Company does not provide a meal as required by this paragraph, employees
will be entitled, upon provision of a receipt, to a meal allowance of up to
$15.00 per meal, which amount shall be increased to $20.00 for the
supper time meal.
24.2.2 Meal Periods
(a) Employees on day work shall take a meal period designated by the
Company and shall not be paid for this time (unless otherwise provided for
in the Collective Agreement).
(b) Employees on shift work shall eat their meals during the shift hours as
conditions permit.
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(c) When an employee works extension overtime, no time shall be deducted for
eating such meals where the employee eats the meal on the job and in a
minimum of time.
25.0 PROMOTIONS
Promotion means a change to a new job which carries a higher maximum salary
schedule rate (base rate) or a higher salary grade resulting from an increase in job
demands and responsibilities within a job. (See also definition in Article 10.1.5(C).)
25.1 Part C (Weekly Salaried)
25.1.1 Promotion Rule
Object: The object of the rule is to ensure, on promotion, an increase in salary to
compensate for an increase in job demands and responsibilities.
25.2 For Employees Hired Before October 1st, 2004:
1. On promotion, the employee's rate is to be set at the lowest progression
step, but never lower than step 3 (in the salary grade for the job) which will
give a minimum increase of three percent (3%) above the employee's
existing basic rate.
2. In the case of single grade promotions (or the equivalent under Pay Equity)
the following will apply:
If at step 3 of the current grade, go to step 3 of the next grade.
If at step 4 of the current grade, go to step 3 of the next grade.
If at step 5 of the current grade, go to step 4 of the next grade.
2. In cases where 25.2(2) does not result in at least a three percent (3%)
increase, a rate that reflects not less than a three percent (3%) increase
from their current rate will be paid. This interim rate will continue in
effect until the next anniversary date at which time the employee will
resume his/her place on the current salary schedule. This rate will be the
next step in the salary grade which guarantees an increase of at least one
and one half percent (1.5%) from the interim rate.
NOTE
An employee who is affected by such an "off-schedule" rate will
be affected only once during his/her progression to the top step
of his/her job. In no case will the rate be more than the
maximum rate for the job grade.
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25.3 For Employees Hired on or After October 1st, 2004:
1. On promotion, the employee's rate is to be set at the lowest progression step
(in the salary grade for the job) which will give a minimum increase of three
percent (3%) above the employee's existing basic rate.
2. In the case of single grade promotions (or the equivalent under Pay Equity)
the following will apply:
If at step 1 of the current grade, go to step 1 of the next grade.
If at step 2 of the current grade, go to step 2 of the next grade.
If at step 3 of the current grade, go to step 3 of the next grade.
If at step 4 of the current grade, go to step 3 of the next grade.
If at step 5 of the current grade, go to step 4 of the next grade.
3. In cases where 25.3(2) does not result in at least a three percent (3%)
increase, a rate that reflects not less than a three percent (3%) increase
from their current rate will be paid. This interim rate will continue in
effect until the next anniversary date at which time the employee will
resume his/her place on the current salary schedule. This rate will be the
next step in the salary grade which guarantees an increase of at least one
and one half percent (1.5%) from the interim rate.
NOTE
An employee who is affected by such an "off-schedule" rate will
be affected only once during his/her progression to the top step
of his/her job. In no case will the rate be more than the
maximum rate for the job grade.
25.1.2 Payment of the Salary Grade for the Job
On promotion, the employee will be placed directly in the salary grade for the job,
except in training situations under the Clerical-Technical Plan (where an employee
may be advanced gradually through the appropriate training job levels to the
terminal job grade). He/she will be granted the progression step required by the
promotion rule, except where a higher progression step is being granted for previous
experience (Subsection 25.1.5).
25.1.3 Promotion from Hourly-Paid to Weekly-Salaried Jobs
The promotion rule applies in the case of an hourly-paid employee being promoted to
a weekly-salaried job.
The rule does not apply in the case of a weekly-salaried employee being promoted to
an hourly job.
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25.1.4 Payroll Rates in Excess of Approved Job Grades
When an employee is being paid a special rate (such as results from restructuring of
jobs, retrogression, implementation of new salary plan, or salary guarantee) which
exceeds the appropriate rate for the job he/she holds, he/she should on promotion:
1. Continue to be paid the special rate, or
2. Be paid the progression step resulting from application of the promotion
rule to the appropriate progression step in the approved grade of his/her
former job, whichever is higher.
25.1.5 Previous Experience
Where an employee being promoted has had previous applicable experience in a
higher level job but was demoted for reasons other than cause or inability, a higher
progression step than is indicated by the promotion rule may be chosen by the
Company.
25.1.6 Relief Situations
In relief situations where less than the normal duties are being performed and a
lower salary grade has been established for the relief period, the promotion rule will
be used to establish the appropriate progression step or off-schedule rate in the lower
salary grade.
25.1.7 Progression Following Promotion
Progression dates shall be calculated from the date of appointment or promotion date
to the position. Subsequent salary adjustments shall occur at twelve (12) month
intervals from the appointment or promotion date.
26.0 JOINT COMMITTEES
26.1 Joint Pension Committee
1. Scope: To monitor the administration and the financial status of the
Pension Plan covering all plan members and to recommend changes as set
out below:
2. Personnel: The "Joint Pension Committee" shall meet at least twice a year
or as requested by either party and shall consist of the following members:
- three (3) PWU members
- three (3) Company management members
Each party will have the right to have a reasonable number of resource
personnel attend the meeting.
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The Chair will rotate between Inergi LP and PWU, one meeting each.
Every effort will be made to reach unanimous decisions. In the event that a
unanimous decision cannot be reached, decisions will be by a vote of a
majority of members representing both PWU and the Company.
3. Function: In an advisory capacity with access to the necessary
information: (This is limited in that it does not apply in respect of
information as to the service, salary, pension benefits or other personal
information related to any specific person without that person's prior
consent.)
Pensions
(a) Monitor Inergi LP’s administration of the Pension Plan as
established under associated regulations and rules, and applicable
legislation.
(b) Make recommendations respecting the administration of the Pension
Plan.
(c) Promote awareness and understanding of the Pension Plan on the
part of Plan members.
(d) Review the Company’s approved annual financial statements and
investment performance.
(e) Review the Company’s approved Actuarial Valuations of the Pension
Plan and discuss the need for assumption changes.
(f) Identify potential benefit changes and discuss cost and other
implications. Committee recommendations for benefit level changes
will be subject to ratification of the respective parent bodies.
Life Insurance
(a) Review the financial position, premiums and taxable benefits of the
life insurance provisions of the Plan.
(b) Identify potential benefit changes and discuss cost and other
implications. Committee recommendations for benefit level changes
will be subject to ratification of the respective parent bodies.
26.2 Joint Health and Safety Consultation
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The parties will consult regularly on corporate level employee health and safety
matters. The following two joint committees will be established to facilitate this
consultation.
26.2.1 Joint Policy Committee on Health and Safety
1. Goal
To participate in the formation of health and safety strategy and policy by
providing information and opinion from the Union to the Company’s
executive on employee health and safety.
2. Personnel
(a) Company Health and Safety Advisory Committee.
(b) Union Executive Committee and chairperson of Union Provincial
Health and Safety Committee and Union staff advisor.
(c) The Chair will rotate between the Chair of the Company Health and
Safety Advisory Committee and the Union Provincial Health and
Safety Committee.
3. Function
(a) Identify problems and issues of Company significance which have not
been resolved in the Joint Health and Safety Working Committee.
(b) Review proposed initiatives and advise the corporate executive.
(c) Evaluate existing policy and advise the corporate executive on
recommended changes. This function applies particularly to safety
rules and work protection code.
(d) Develop Joint Policies on Health and Safety
i) Authority to Stop Work.
(e) The committee will meet once a year or as mutually agreed.
26.2.2 Joint Health and Safety Working Committee
1. Goal
(a) Provide recommendations to assist the Health and Safety Division in
the development, implementation and evaluation of corporate
employee health and safety policy and programs.
2. Personnel
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(a) A Manager, and other management staff as deemed necessary from
time to time.
(b) Union Provincial Health and Safety Committee and Union staff
advisor to a maximum of eight (8).
3. Function
(a) Participate in the identification of problems and issues of Company
significance in employee health and safety policy and practice.
(b) Participate in the development, promotion and implementation of
Company health and safety programs.
(c) Study, develop and make recommendations for changes to the
corporate safety rules and work protection code. This function can be
delegated to an ad hoc group with mutual agreement.
(d) The committee will normally attempt to resolve issues of mutual
interest before seeking intervention by senior management or the
Joint Committee on Health and Safety.
(e) The committee will meet twice a year or as mutually agreed.
26.3 Joint Trades Classification Committee
A joint committee shall be established on the following basis:
1. Name: Joint Trades Classification Committee.
2. Personnel: Maximum of three (3) appointees from each party.
3. Function: To study and formulate descriptions and duties of all hourly-
rated and weekly-rated trade classifications on wage schedules 25 and 32,
presently not included in Mid-Term Agreement MT-4, but not to produce a
job evaluation or ranking system.
The committee will commence its work within one (1) month after the
settling of the 1972 Collective Agreement and shall meet regularly until the
task is completed.
4. Limits of Authority: The committee shall work within the
recommendations, preamble and occupational format agreed to previously.
The results of this committee's activity shall be subject to acceptance and
ratification by the Union and the Company at the negotiating level.
5. A copy of all occupational definitions will be made available to each
employee through his/her contact supervisor.
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6. The Joint Trades Classification Committee shall ensure that duties for
trades jobs are defined. Their focus will be on the development of
documents describing job duties, and will not consider or establish
compensation for these jobs. There is a need for direct line management
involvement to determine current and future duties. The Committee should
also work towards developing a system which will allow
definitions/documents to be produced quickly and easily to facilitate
responsiveness to changing needs.
26.4 Joint Diversity Committee
1. Objectives: (a) To provide a joint forum for work on Corporate
Employment Equity, Human Rights and Diversity policies, and/or
associated Corporate issues. (b) To participate in making and bringing
forward recommendations and providing advice to the Vice-President,
Corporate Human Resources on Corporate policies and plans impacting on
equity in the workplace and Corporate issues arising from the Employment
Systems Review. (c) To participate in making and bringing forward
recommendations to the PWU Executive on equity issues in the workplace
which fall within their jurisdiction.
2. Personnel: The committee will be structured to provide two (2) Company
representatives and two (2) Union representatives. Each party is entitled to
one alternate.
3. Function:
3.1 Meet and exchange information regularly to ensure that the
committee is informed of progress on initiatives undertaken by the
Corporation and the Union. Each party will identify and bring
forward emerging Corporate issues for discussion.
3.2 The committee will work together to formulate recommendations by:
(a) Working to meet the work program deliverables as identified
below within required timelines.
(b) Discussing options and their impacts in meeting the work
program deliverables (including obtaining input through
consultative forums – see below).
(c) Attempting to agree on recommendations acceptable to all
parties and for delivery to the Vice-President, Human
Resources and/or the PWU Executive where appropriate.
3.3 Where agreement cannot be achieved, each party will communicate
expeditiously their position to the Vice-President, Human Resources
before Corporate decisions are made.
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4. Work Program – to be established annually.
5. Responsibilities:
5.1 Consultative Forum – To provide input to the committee on work
program deliverables as follows:
(a) Management members will ensure input is received from line
management and non-represented staff members.
(b) The Union members will ensure input is received from their
constituencies.
(c) The committee will also seek input from advocacy groups and
designated group members on issues as required.
5.2 Support Resources – Committee to determine needs
(administrative, research, preparation, etc.) and arrange as required.
Treatment will be as per the Collective Agreement.
5.3 Management is responsible for time and expenses, except for union
staff time, associated with the work program of this team.
5.4 At the end of each year, the parties will review the Terms of
Reference and make recommendations for the coming year.
26.5 EHB/WSIB/LTD Committee
The Committee would be comprised of:
Power Workers’ Union
Compensation and Benefits Department
A. To review existing and future LTD applications to ensure they are receiving
the required medical attention and the possibility of returning them to the
workforce.
Terms of Reference:
1.0 Develop a questionnaire for employees not in receipt of CPP disability.
2.0 Review returned questionnaires to determine if any employees can be
placed on immediate vocational rehabilitation.
3.0 Determine if an independent medical evaluation is required before
attempting vocational rehabilitation.
4.0 Review existing procedure for LTD applications.
5.0 Develop a roster of physicians to use in the process.
6.0 Forward recommendations for process improvements to Compensation and
Benefits.
B. Review/Update - To meet, on a regular basis (e.g., semi-annually), to discuss
and/or resolve issues associated with the following processes:
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(a) Long Term Disability
(b) WSIB
(c) Sick Leave
(d) Drug Formulary
26.6 Joint Employee and Family Assistance Committee
1. Goal: Provide recommendations to assist the Company and the Union in
the development, implementation and evaluation of employee and family
assistance policy and programs.
2. Personnel:
(a) Chair: The Chair shall rotate on a yearly basis.
(b) Members:
Representative from the Company
Two (2) PWU representatives and one (1) staff advisor.
(c) Secretary: The secretary shall be supplied by the Company.
3. Function:
3.1 Participate in the identification of problems and issues of significance
in employee and family assistance policy and practices.
3.2 Participate in the development, promotion and implementation of
employee and family assistance programs throughout the province.
3.3 On an ongoing basis study, develop and make recommendations for
change to the Company employee and family assistance program.
This function can be delegated to the sub-committee by mutual
agreement.
3.4 The committee will normally attempt to resolve issues of mutual
interest before seeking intervention by the Senior Joint
Union/Management Committee.
26.7 Establish a Joint Management Disability Program.
27.0 DISTRIBUTION OF AGREEMENT AND WAGE SCHEDULES
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This Agreement shall be printed as soon as practicable after the date of signing and
made available by the Company to the Union in sufficient quantities for distribution
to its membership.
28.0 TIME CHARGES - UNION ACTIVITIES
28.1 Time Charges and Expenses - Union Representatives
Time off and expenses for Union officers will be granted in accordance with Mid-Term
Agreement MT-3.
28.2 Time Charges for Employees On Union Business
When the time of employees on Union business is payable by the Union, such time
shall be charged at normal rates of pay. The normal payroll burden without the
administration charge of ten percent (10%) will be applicable only for Union releases
in excess of five (5) consecutive days.
28.3 Roles and Responsibilities of Chief Stewards
As Inergi LP evolves into the new regulated and competitive marketplaces, it is
important that the Company leverages its position by defining as clearly as possible
Principles to anchor the relationship between the elected PWU representatives and
Management.
(i.) Mutual Recognition of Respective Roles and Responsibilities
A recognition that the Chief Stewards provide an important role in the
success of the Company.
A recognition that Chief Stewards are Inergi LP employees as well as
PWU representatives.
As time away from the job increases, loss of skills may be an issue. As
such, the Company will provide reasonable re-training to replenish these
skills.
It is recognized that there will be differences between the Parties. In
these cases, respective opinions can be expressed, however, they should
be communicated in a professional manner.
(ii.) Chief Stewards are accountable for their time.
It is understood that Chief Stewards will be required to be away from
their Company job.
Time away from the job will be dependent upon the Chief Stewards’
specific issues, number of committees, size of membership, geographical
factors, etc.
Chief Stewards have an identified supervisor. As in any employee-
supervisory relationships, the Chief Steward will advise their supervisor
as to what activities they will be involved in, in generic terms (some
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issues are confidential). They will have vacation days approved and sick
days reported.
Chief Stewards should schedule their PWU activities with consideration
for their Company job. Any unallocated time will be spent performing
their Company job.
(iii.) Chief Stewards play an important role in Communication.
Where feasible, joint communications are encouraged for initiatives that
affect PWU employees.
Joint training is encouraged in roll-out initiatives that impact PWU
employees (e.g., incentive, collective bargaining roll-out).
Consistent messages are important.
There will be a need to review these principles.
29.0 EYE PROTECTION
Approved eye protection shall be supplied to individual prescription to all employees
who normally wear glasses and are required to wear eye protection for an appreciable
amount of time in the performance of their duties.
30.0 PERSONAL TOOLS
30.1 General
Employees in trade categories and designated weekly-salaried categories will provide
at their own expense, the ordinary hand tools of the trade. These tools are listed in
the appropriate occupational definition/job document and must be of at least
industrial quality, which permits employees to perform their work safely, efficiently
and to the standard ordinarily demanded in any given trade. (Owing to the marked
differences in the nature of work performed by employees who are classified in the
same trade category, it is unreasonable to expect a tradesperson to possess or have on
the job, every tool listed for his/her trade. Learners and Improvers must acquire any
of the tools listed as and when his/her work demands their use. Employees are
encouraged to buy tools which carry a lifetime guarantee.) Tools which are required
for equipment of special types, which are peculiar to certain locations as well as tools
that fall in the class of shop equipment, will be supplied and maintained by the
Company. These, and similar types of tools, have been purposely omitted from the
lists.
30.2 Tool Replacement/Upgrading
Each employee, as described in 30.1, will be allowed eight percent (8%) of the
personal tool list retail price calculation per calendar year for tool replacement or
upgrading based on his own tool list as defined in the Occupational Definition. A
minimum allowance of $50.00 per year for each employee in each classification is
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available. For those entitled to the minimum allowance of $50.00, the unused portion
for one (1) year may be carried forward to the following year to a maximum of $50.00.
To qualify for any reimbursement receipts must be accumulated and submitted for
amounts in excess of $50.00. For amounts of less than $50.00 these receipts should
be submitted at the end of the year.
30.3 Loss by Fire or Theft
Personal tools which are stolen, are destroyed or damaged by fire to an extent which
renders them unusable, will be replaced by the Company. These losses must be
incurred in the exercise of Company business and on Company property, except
where they occur on or at non-Company locations in the exercise of Company
business. Small or inconsequential losses would be recovered through 30.2.
31.0 SPECIAL CLOTHING FOR EMPLOYEES
31.1 General Policy Regarding Work Clothing
Except where provided by the Company in accordance with this Collective
Agreement, employees must provide at their own expense suitable clothing for the
performance of their regular duties. In general, clothing must be suitable for the safe
and efficient performance of the work but need not be uniform in appearance.
So far as is consistent with standard stores' policy, the Company will purchase
certain types of work clothing in bulk for resale on the most favourable terms possible
to employees requiring them in connection with Company work.
31.2 Special Clothing That May Be Provided at Company Expense
Subject to certain conditions outlined herein, special clothing may be obtained at the
expense of the Company for issuance to employees under the following conditions:
31.2.1 Where Uniform Appearance is Required
Where uniform appearance is required by the Company as in the case of certain
receptionists, guides, messengers, drivers, and security guards uniforms will be
provided.
31.2.2 For Work Outside of the Employee's Regular Routine Duties
A limited number of rainproof coats and hats may be obtained and kept available at
construction headquarters, attended stations, etc., for persons who normally work
indoors but who are occasionally required to work out of doors under adverse weather
conditions, as for example when working during emergencies, operating switches,
cleaning racks, etc.
Clothing supplied at stations should be limited to one (1) or two (2) coats and hats,
depending upon the number of employees.
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31.2.3 For Normal Work Which Must be Performed Occasionally, Under
Extreme Conditions
Hip or knee length rubber boots and weatherproof coats and hats may be obtained
and issued temporarily to construction workers, maintenance workers, and labourers
when required to work in extremely wet locations or under adverse weather
conditions.
One (1) or two (2) rainproof coats and hats, depending upon the number of employees
involved, may be provided for each line, forestry and maintenance truck or gang for
use in emergencies when workers could not be reasonably expected to have protective
clothing available at all times.
31.2.4 For Work Involving Exposure to Materials that are Injurious to
Health and Particularly Destructive of Clothing
Rubber boots, aprons and gloves of an approved material may be provided for
employees when handling acids for batteries, cleaning transformer coils or for other
work which is similarly destructive of clothing.
Aprons, gloves and sleeves made of plastic, plastic-coated or other approved material
may be provided for employees who are required to handle creosote, creosoted poles or
timber as a protection against burns or damage to clothing.
Protective clothing such as coveralls, gloves and rubber boots may be provided for
temporary issuance to employees for use when applying herbicides.
Because of the fire hazard in welding and the destructive nature of the work, welders'
aprons, armlets and gauntlets may be provided.
31.2.5 To Promote Safety
Safety headgear, eye protection, rubber gloves (electrical), and similar items which
are designed exclusively for the safety of employees and the wearing of which is made
obligatory on certain types of work, will be provided by the Company.
Special footwear will be provided for the safety of workers when required to work
near forebays, sluices, etc., under icy, slippery or otherwise hazardous conditions.
Safety Footwear and Clothing:
I Effective January 1, 2001, employees who are required by the Company to
wear safety footwear (CSA Approved ESR)/ clothing will be reimbursed as
follows:
(A) For those employees required to regularly wear climbing spurs or who
are regularly required to climb steel structures as part of their normal
duties - $300.00 per year.
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(B) For those employees who choose or are required to wear CSA
approved ESR protective footwear - $250.00 per year.
(C) For those employees who choose not to wear approved ESR protective
footwear - $150.00 per year.
(D) Any regular employee whose safety at work could be reasonably
enhanced by the wearing of fire retardant and/or high visibility
clothing and who is required to work on a routine (e.g., more than
twenty percent (20%) of regular work hours) basis within ten (10) feet
of electrical equipment energized at 750 volts or greater,
Or,
who is required to work on a routine basis in proximity to vehicular
traffic,
- $250 initial payment for new hires or employees who have not
received this payment in the previous year and $200.00 per year
thereafter.
(E) Employees who qualify shall receive fifty percent (50%) of the above
payment on March 1st and the remaining fifty percent (50%) of the
payment on October 1st.
II Employees who are not required to wear protective footwear:
Employees who purchase safety footwear will be reimbursed thirty-three
and one-third percent (33 1/3%) of the actual cost up to a maximum
reimbursement of $20.00 per pair subject to the approval of the appropriate
manager or supervisor.
NOTE
Temporary employees will be reimbursed for a maximum of
one (1) pair in each six (6) month period.
A limit of two (2) pairs of safety shoes or boots per person will
be subsidized in a calendar year.
These actual cost maximums include applicable taxes.
31.2.6 Special Conditions
Requests for items of clothing not mentioned but which might be reasonably supplied
under the conditions set forth herein will be considered, each case on its own merits.
31.3 Issuance, Care of, and Responsibility for Clothing Provided by the
Company
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In order that the use obtained from clothing purchased by the Company may justify
the expenditure, the following shall be carefully observed:
1. Except in isolated cases, special clothing must not be issued to any one
employee for exclusive use but must be kept available for any employee who
may require it for Company purposes mentioned herein.
2. When no longer required on the job, clothing must be promptly returned to
local headquarters, station or truck where it will be readily available when
required.
3. All clothing furnished by the Company will remain the property of the
Company and must be clearly and prominently marked for easy
identification.
4. Where loss or destruction of Company clothing issued to an employee occurs
as a result of carelessness on the part of the employee, the employee will be
required to make good such loss.
31.4 Part B Employees (Maintenance Trades)
31.4.1 Issue of Gloves to Tradespersons
The Company will issue gloves to regional maintainer – lines, regional maintainer –
forestry, SMD riggers, mechanical maintenance and building maintenance crews and
all associated personnel regularly working with these crews, subject to the following:
1. The employee will be required to purchase the first pair of gloves, whether
summer or winter type, providing he/she has not already been
participating.
2. The issue of new gloves will be controlled by the supervisor.
3. A pair of worn-out gloves may be exchanged for a new pair.
4. The Union will exercise its influence to promote economy in the operation of
this plan.
31.4.2 Uniforms
The Company shall supply uniforms, where they are required to be worn, at no cost to
the employee.
31.4.3 Stocking of Overalls and Associated Smocks
The Company will stock bib-type overalls, coveralls and associated smocks in Central
Stores which will be available for purchase by employees on the basis of a cash sale.
31.4.4 Work Clothing
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31.4.4.1 Laundering and/or Supplying Clothing
In situations other than those covered in the preceding subsections, when the
supervisor in charge of a work crew deems a specific job dirty for the particular trade
function, he/she shall either:
1. Authorize laundering of the employee's work clothing, or
2. Issue coveralls or other suitable clothing during the period in which this job
is being performed.
31.4.4.2 Coveralls – Central Services Division
The provisions of this item supersede the conditions as noted in Item 31.4.4.1 and
applies only to employees, paid from Wage Schedule 25, who form part of the Central
Services Division and are located at the Hydro One Inc. Kipling Complex.
The Company agrees to supply and launder two (2) pairs of coveralls per week for
each of the above-noted employees. The employee must exercise reasonable care in
the use of clothing so supplied.
It is recognized that reasonable but limited quantity and size range of spare coveralls
will be kept available for emergencies.
32.0 PURCHASING PRIVILEGES - SURPLUS EQUIPMENT STORES
Employees shall have purchasing privileges at Surplus Equipment and Material
Stores to the same limit as extended to the general public.
33.0 RETURN OF COMPANY PROPERTY
It is agreed that employees whose employment terminates with the Company shall be
responsible for the return of any Company property issued to them during the term of
their employment. Failure to return such property shall result in the Company
deducting its current value from any monies owing to the employees.
34.0 TIME CHANGE - SHIFT WORKERS
When the clocks are changed due to daylight saving time, the following principles will
apply:
1. Employees who are scheduled to work during the affected hours will work a
shift which is either shortened or extended by one (1) hour.
2. Payment for the shortened or extended shift will not be calculated on the
basis of actual hours worked, rather will be based on the number of hours
normally worked (eight (8) or twelve (12)).
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35.0 REST PERIODS
Each employee shall be entitled to a ten (10) minute rest period in the first half and
second half of each scheduled work day at a time designated by the Company.
36.0 WEEKLY PAY DAYS
36.1 Salaries and wages of all employees throughout the Company covered by
this Agreement shall be once every week on the third Thursday
following completion of the pay period. This payment will be by direct
deposit to one account designated by the employee in a Canadian
financial institution with a Canadian Payment Association (CPA)
serviceability code of 1 or 2. (CPA serviceability code definitions in effect
June 5, 1991 or subsequent code numbers providing equivalent
accessibility.) The Company is responsible for the cost of depositing
these funds to the employee’s account.
During the term of this Collective Agreement, the Company may
implement a bi-weekly payroll system. Should the Company do
so, the Company will provide employees and the Union with two
months notice of the date of the change of bi-weekly pay. When
the bi-weekly pay system is implemented, the Company will
select an implementation date which does not result in the
deferral of any pay owing to the employees.
It is the responsibility of the employee to inform the Company of any
changes to the designated account (direct deposit pay) fourteen (14) days
in advance of the payment date. Any errors in employee payment that
result from employee provision of incorrect account information or the late
provision of changed account information are solely the responsibility of the
employee.
36.2 Existing employees who were paid the equivalent of one (1) week’s base pay
during the transition from weekly pay to weekly direct deposit pay will
have the amount of this one (1) week payment deducted from their final
payment of salaries and wages from the Company (i.e., termination,
retirement, etc.).
37.0 RELIEF WORK, ACTING IN VACANCIES AND TEMPORARY AND
ROTATIONAL ASSIGNMENTS
37.1 Part B Employees (Maintenance Trades)
37.1.1 Acting in Vacancies
All acting positions are to be limited to ninety (90) days unless extensions are agreed
to by the Company and the Chief Steward of the Union. Pending the arrival of the
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successful applicant and his/her assuming of the normal duties, the acting incumbent
who is performing the normal duties and responsibilities of an "acting" position shall
receive the rate for the position.
37.1.2 Assignment to a Higher-rated Classification
An employee who is presently in the top step of his/her job when temporarily stepped
up to work in a higher-rated classification, shall receive the top rate of that
classification.
37.3 Part C Employees (Weekly Salaried)
37.3.1 Principles Re Resourcing For Relief, Acting, Temporary and
Rotational Assignments
Recognizing that relief, acting, Temporary and Rotational Assignments contribute to
the development of personnel and contribute to the work being done effectively, the
following will be considered when resourcing these assignments:
the more senior employees will be given preference;
assignments may be split between employees;
specific qualifications/knowledge required for the position will be taken into
consideration;
for supervisory positions primary consideration will be given to personal
qualities such as leadership and the understanding and display of the
practice of good human relations;
employee development;
Employment Equity objectives discussed in advance with the Union shall be
considered;
amount of notice and duration of assignment will be considered.
These assignments will be distributed as equitably as possible, over time, once the
above conditions have been considered.
The format for utilization of the above in a Business Unit (or smaller unit) will be a
joint responsibility.
Item 37.3.1 shall not be subject to the grievance/arbitration procedure.
Disputes will be resolved locally and may be referred to Chief Steward and the Local
Manager.
Circumstances which negate consideration of the above conditions will normally be
discussed in advance with the Union.
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37.3.2 Relief Work
Intent
It is the intent of this item that when an employee is relieving in a higher rated
position that he/she be properly compensated for the duties that he/she is performing.
The assignment of relief is a Management right and increased duties must be
assigned not assumed.
1. The Company shall notify the employee in writing, in advance where
possible, of the requirement to perform relief, of the general nature of the
major duties to be performed, and the rate to be paid during the relief
period.
2. Employees in the weekly-salaried schedule, when relieving for the normal
duties of an employee in a higher job grade, not defined in 37.3.2(3.) below,
for a period of one (1) full working day or more shall be paid, for the full
relief period, at the rate established by the Company for the relieved
position or three percent (3%) above the employee's normal rate whichever
is greater.
Employees relieving in a higher job grade for greater than 4 days will be
paid the rate of the job equivalent to the promotion rules (ref. 25.1) when
the relief position is one grade higher.
Employees hired before October 1st, 2004:
Employees relieving in a higher job grade for greater than 4 days will be
paid the rate of the job at Step 3 when the relief position is more than one
grade higher. (e.g. Employee in Step 5 of current job, will receive Step 3 of
relieved job).
Employees hired on or after October 1st, 2004
Employees relieving in a higher job grade for greater than 4 days will be
paid the progression step of the relieved position which provides a
minimum of three percent (3%) above the employee’s normal rate when the
relief position is more than one grade higher.
Failure to notify the employee in writing of the major duties to be
performed and the rate to be paid will require the payment of three percent
(3%) above the appropriate relief rate established above, for the entire
relief period.
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3. Employees in the weekly-salaried schedule, when relieving for the normal
duties of an employee in a non-union supervisory position for a period of one
(1) full working day or more shall be paid for the full period at the rate
established by the Company for the relieved position or five percent (5%)
above the employee's normal rate whichever is greater.
Failure to notify the employee in writing of the major duties to be
performed and the rate to be paid will require the payment of ten percent
(10%) above the employee's normal rate, for the entire relief period.
4. Notification of the Chief Steward is required when the employee is required
to relieve for a period of two (2) working days or more.
5. Statutory holidays will not affect the continuity if they occur between the
first and second days.
Payment for a statutory holiday shall be at the relief rate if it occurs during
the relief period and at the normal rate if it occurs at the beginning or the
end of the relief period.
37.3.3 Acting in a Vacant Position
An employee may act in an existing job in which a vacancy is created, pending the
arrival of a successful applicant to the vacancy. When an employee is to be placed in
an acting position, the Company shall notify the employee and the Chief Steward in
writing setting out:
1. The reason for the acting position.
2. The general nature of the major duties to be performed.
3. The rate to be paid for the acting position.
4. The expected duration.
The duration of the acting period shall not exceed ninety (90) days from the date the
employee is placed in the acting capacity, unless an extension is agreed to by the
Company and the Chief Steward of the Union. Pending the arrival of the successful
applicant and his/her assuming the normal duties, the acting incumbent who is
performing the normal duties and responsibilities of an acting position shall receive
the appropriate rate in accordance with the Weekly-Salaried Relief Clause of this
Agreement.
NOTE
Failure to notify and/or request further extension accordingly
will require payment of the penalty described in the
appropriate Weekly-Salaried Relief Clause of this Agreement.
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38.0 HOURS OF WORK
38.1 Part B Employees (Maintenance Trades)
38.1.1 Hourly-Rated Employees
1 The normal work week for the Company’s hourly-rated trades employees
shall be forty (40) hours per week consisting of five (5) days of eight (8)
hours (not before 6:00 am and not later than 6:00 pm), Monday to Friday
inclusive.
2 A change to established hours of work within the core hours (6:00 am to
6:00 pm) shall be a matter for discussion between the Union (Chief
Steward) and the Company. When changes in hours of work are
contemplated the preference of seventy percent (70%) of affected staff in the
classification(s) will be considered to be the preference of that
classification(s). Where the work of classifications is interdependent (e.g.,
stockkeeper), the preference of seventy percent (70%) of the employees in
the interdependent classifications will be deemed to be the preference.
However, if in the Company's opinion the desired hours of work of the
affected classifications cannot be accommodated then the Company will
provide the Union (Chief Steward) with written rationale for such a
decision.
3 Excepting for shift work, all other work outside of the normally scheduled
hours shall be considered overtime and paid for at the appropriate premium
rates.
38.1.2 Weekly-Rated Employees
The normal work week for janitors and vehicle services attendants shall be forty (40)
hours.
38.2 Part C (Weekly Salaried)
38.2.1 Hours of Work - General
1. Weekly-salaried employees whose basic hours of work are thirty-five (35)
hours per week may be periodically required to change their work location
and to work forty (40) hours per week or the same hours as field staff. All
hours in excess of seven (7) hours per day, Monday to Friday, are to be paid
at the appropriate premium rate.
2. Certain technician classifications which have been established on a forty
(40) hour week basis shall continue to work normal hours of forty (40) hours
per week but when on field work may be required to work the same hours
as the field staff.
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3. Employees5 in the following classifications and other similar categories as
yet undefined who by the nature of their jobs, are required to make public,
business or trade contacts outside normal hours shall work a normal work
week of thirty-five (35) hours, Monday to Friday:
Applications Technician
Customer Service Assistant
Service Specialist
Owing to the controlling influences from outside agencies, the normally
established daily hours of starting and quitting may require changes. In
such instances these changes will be the prerogative of the Company.
38.2.2 Hours of Work - Specific
With the exception of shift work, head office hours shall be a thirty-five (35) hour
week
8:30 am - 12:00 noon (Monday through Friday)
1:00 pm - 4:30 pm (Monday through Friday)
38.2.3 Variable Working Hours in Head Office
Employees at head office (20 Dundas Street as of October,2012) may work
variable hours of work in accordance with this item. .Employees will be
requested each month to select their standard work period for the following month.
The work week will consist of five (5), seven (7) hour days, Monday to Friday. The
hours of work selected must include the core working hours of 9:00 am to 11:30 am
and 1:30 pm to 2:00 pm.
Employees may select a starting time which is not earlier than 6:30 am and not later
than 9:30 am. The employee’s start time may commence at any ¼ hour
interval from 6:30 a.m.to 9:30 a.m. finishing time will not be earlier than 2:00 pm.
and employees must select a lunch period of either 30,45,60,75 or 90 minutes to be
taken between 11:30 am and 1:30 p.m.
The hours of work selected are subject to the supervisor's approval. The supervisor
may, if necessary, restrict some employees to hours of work between 8:00 am and
5:00 pm (for thirty-five (35) hour per week employees). The supervisor may not
assign thirty-five (35) hour per week employees to a regular schedule outside of
7:00 am to 5:00 pm, in accordance with the Collective Agreement for hours
worked outside an employee’s scheduled hours of work.
Where in the Company’s opinion, a work unit cannot be operated satisfactorily under
variable working hours, they will not be implemented in that unit.
Individual deviation from selected work schedules will require the supervisor's prior
approval.
5 The provisions of Article 4.2(c) and the following Hours of Work - Specific will have no application to these employees.
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38.2.4 Hours of Work - Outside Head Office
Hours of work (including variable hours of work) in locations other than head office
shall be negotiated by the Company and the Chief Steward of the Union.
Where in the Company’s opinion, a work unit cannot be operated satisfactorily under
variable working hours, they will not be implemented in that unit.
38.2.5 Hours of Work – 40 Hour Work Week Option
Where Management defines a need, volunteers may be sought to change their regular
hours of work from 35 to 40 for a period of at least two (2) weeks, with no
maximum. This requirement will be discussed with the Chief Steward prior to
soliciting volunteers. The number of employees within a job classification within a
work group and/or location requested to change to a 40-hour work week, must be
made known to all members of the work group or location.
Should the number of volunteers exceed the requirement, volunteers will be selected
based on seniority.
Once a volunteer has been identified, the change to a 40-hour work week and the
length of assignment will be documented and agreed to by the employer, employee
and Chief Steward. The Chief Steward will receive a copy of this document.
Employees will have the option of (a) remaining on their current salary schedule and
be paid the additional 1 hour per day at straight time (non pensionable) or (b) the
employee will be paid from salary Schedule 21* (pensionable).
Employees who exercise option (a) and are on an approved absence where they would
receive less than 8 hours pay per day will be made whole by submitting the time at
straight time overtime prior to or subsequent to the absence.
Employees who exercise option (b), when an employee earns vacation entitlement on
a 40 hour work week, and takes their vacation when they return to a 35 hour work
week will be made whole by using the straight time overtime process on a pro-rated
basis.
Where insufficient volunteers for the 40 hour work week option are obtained, and notwithstanding
any other provision of this article, the Company may schedule employees to work a 40 hour work
week in accordance with the following:
1. The Union will be notified in advance of the Company’s intention to schedule
employees to a 40 hour work week.
2. Employees will be scheduled on a senior choice/junior force basis among the
employees with the skill and ability who normally perform the required work.
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3. Employees scheduled to work 40 hours per week will be scheduled with at least
fourteen (14) days notice, unless otherwise agreed. All scheduled hours up
to and including 40 hours per week will be compensated at straight time and
considered pensionable.
4. The 40 hour schedule shall only be cancelled with at least seven (7) days
notice, unless otherwise agreed. Notwithstanding the forgoing, the Company
will not reduce an employee’s scheduled hours from 40 hours per week to 35
hours per week where the employee is within four (4) years of becoming
entitled to an unreduced pension in accordance with the provisions of the
Collective Agreement. All hours in excess of eight (8) hours per day, Monday to
Friday, are to be paid at the appropriate premium rate.
*NOTE
Schedule 21 refers to a new 40 hour per week schedule that is
pro-rated, on an hour for hour basis, from Schedule 20.
39.0 SHIFT DIFFERENTIAL AND SHIFT WORK
It is recognized that from time to time it may be necessary, due to the nature of the
Company’s operations, to place certain weekly-salaried day working employees on
shift work. Where this occurs, the following provisions will apply:
1. Shift work shall not be implemented for a period of three working days or
less. If the working period is three (3) days or less, the appropriate
premium rate will be paid for the minimum three (3) day period.
2. The Company will provide seventy-two (72) hours' (three (3) calendar days)
posted notice of the commencement and termination of a shift. Failure to
provide such notice will require a penalty payment of premium rates for all
changed hours of work within the notice period.
3. Such a placing on shift work shall not deprive an employee of his/her total
number of normal scheduled weekly hours.
4. Revision to the work schedule shall provide for a minimum of fifteen (15)
hours off between shifts. Failure to provide such time off will require the
penalty payment for the first affected shift.
5. Shift differential shall apply to employees required to work on a three (3)
shift schedule or a two (2) shift schedule and shall not apply for overtime
hours.
6. Shift work will be scheduled on a Monday to Friday basis.
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7. Work in excess of the total number of normal daily hours will be paid at the
appropriate overtime rates.
8. The following shift differentials shall apply:
(a) Sixty cents per hour to employees scheduled to work between the
hours of 1600 and 2400.
(b) Eighty cents per hour to employees scheduled to work between the
hours of 0000 and 0800.
9. Regular part-time and temporary part-time employees will not be eligible
for shift differential when the shift starts and ends between the hours of
07:00 and 18:00.
39.1 Shift Work - Technical Staff (Instructor)
39.1.1 Applicability
This section covers the following classification: Instructor.
39.1.2 Intent
The intent of this section is to provide a framework within which employees in the
above named classifications may be assigned to shift work on a Monday to Friday
basis for limited periods of time. The "limited period" is to be less than three (3)
months in each year for each employee unless the employee involved specifically
consents to an extension.
39.1.3 Implementation
When shift work is required, management will solicit preferences for shift work from
the employees in the required classifications. If employees with the required skill,
knowledge, experience, etc., indicate a preference for shift work, management will
select from among these employees. If insufficient qualified volunteers are available,
management will assign the shift work to qualified employees, endeavouring to
minimize personal inconvenience.
39.1.4 Duration of Shift Hours
The employees who may be required to work shifts under this section include both
thirty-five (35) and forty (40) hour per week positions. They will work a time
balanced schedule.
Forty (40) hour per week employees when assigned to shift work will work the same
hours as regular shift workers on shift.
Thirty-five (35) hour per week employees when assigned to shift work will normally
work seven (7) hour shifts. This may, at management’s discretion, be increased to
eight (8) hour shifts.
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39.1.5 Special Provisions When on Shift
1. Shift work shall not be implemented for a period of three (3) working days
or less. If the working period is three (3) days or less, the appropriate
premium rate will be paid for the minimum three (3) day period.
2. The Company will provide seventy-two (72) hours' (three (3) calendar days)
posted notice of the commencement and termination of a shift. Failure to
provide such notice will require a penalty payment of premium rates for all
changed hours of work within the notice period.
3. Such a placing on shift work shall not deprive an employee of his/her total
number of normally scheduled weekly hours.
4. Revision to the work schedule shall provide for a minimum of fifteen (15)
hours off between shifts. Failure to provide such time off will require the
penalty payment for the first affected shift.
5. Shift differential shall apply to employees required to work on a three (3)
shift schedule or a two (2) shift schedule and shall not apply for overtime
hours. Regular part-time and temporary part-time employees will not be
eligible for shift differential when the shift starts and ends between 0700
and 1800.
6. Work in excess of the total number of normal daily hours will be paid at the
appropriate overtime rates.
39.1.6 Deleted Provisions When on Shift
When an individual is assigned a shift and the provisions of 39.1.5 are in effect, the
following provisions of Part A will not apply:
1. Section 38.2.1: Hours of Work - General
2. Section 38.2.2: Hours of Work - Specific
3. Section 38.2.4: Hours of Work - Outside Head Office
39.2 Shift Work - Information Management Facilities
It is recognized that Information Management Facilities shift working employees at
head office must undergo conditions not normally experienced by other
weekly-salaried employees.
39.2.1 Rate of Pay
The basic rate of these employees shall be established by the Clerical-Technical Job
Evaluation Plan and as set out under salary schedule 20 or salary schedule 21.
Calculation of all premiums shall be made on this basic rate. An increment of seven
and one-half percent (7.5%) shall be added to the basic rate of each classification
when such classification is designated as being two (2) or three (3) shift and six (6) or
seven (7) day operation. Classifications designated as two (2) or three (3) shift, five
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(5) day, Monday to Friday operation, will be paid at the basic rate. When an
employee is to be placed on or taken off shift work, the Union's Chief Steward will be
notified of such changes in writing.
39.2.2 Hours of Work
Shift working personnel shall work an average of thirty-five (35) hours per week over
a period of approximately one (1) year. Employees will be informed of their time
balance in June. Each employee's time will be balanced at the end of one of the five
fiscal weeks immediately preceding December 16. Payment of plus time balances
existing on the time balancing date shall be paid before December 31 at the rate of
one and one-half times the employee's classification basic rate in effect at the time
balancing date.
NOTE
The Company will not be required to balance time for
employees who have been hired or transferred from non-shift
work to shift work in the five (5) fiscal weeks immediately
preceding December 16 until a period of approximately one
(1) year following the employee's appointment to the new
position has elapsed.
Minus time balances which occur as a result of promotion of
a shift working employee within the five (5) fiscal weeks
immediately preceding December 16 shall be worked off
within the two (2) month period immediately following the
establishment of the minus time.
39.2.3 Scheduling Provisions
The Company will be responsible for the preparation, content and administration of
shift schedules averaging thirty-five (35) hours per week over approximately a one (1)
year period. These schedules shall cover a nine (9) week period, posted two (2) weeks
in advance, showing the days, hours of work (shift), and position of each employee.
Any reserve employees and their hours of work (shift) shall be shown on the schedule.
The schedule will provide for a minimum of two (2) shifts (sixteen (16) hours) off
between shifts. Failure to comply with two (2) weeks' advance posting as stated
herein shall require payment of one and one-half times the employee's basic rate for
work performed under the new schedule until the notice period has elapsed.
Although the content, preparation, posting, revision and administration of shift
schedules is the sole responsibility of the Company, the preference of the staff
regarding the type of schedule to be worked and the preferences of individual
employees regarding vacation periods will be considered, providing such preferences
are made known prior to commencement of preparation of new schedules. Where
employees feel they have been assigned unreasonable schedules, such schedules shall
be considered fit matter for discussion at local level.
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NOTE
The cycling of schedules, allowing for holidays and sickness,
may create a reserve of employees over and above the
complement required for any shift. Whenever an employee in
the normal course of his/her rotation of the schedule becomes
supernumerary, he/she will be known as a "reserve employee".
Schedules will be posted two (2) weeks in advance to cover one (1), two (2) or three (3)
shifts per day for five (5), six (6) or seven (7) day coverage with eight (8) working
hours per shift.
The day a shift begins will dictate the shift hours, and the specific hours of work for
all Information Management Facilities classifications designated as being two (2) or
three (3) shift and six (6) or seven (7) days a week operation will be as follows:
Normal Work Schedule
Days - 0800 to 1600
Evenings - 1600 to 2400
Nights - 2400 to 0800
All shift workers will eat their meals on duty. On day shift, Monday to Friday, the
employee can opt for a normal, unpaid lunch period.
39.2.4 Schedule Alterations
A minimum of seven (7) days' notice shall be given when an employee's hours of work
as shown on the schedule are to be changed, with the following exceptions:
1. Reserve hours of work may be changed within a calendar day, providing a
minimum of two (2) non-working shifts' (sixteen (16) hours) notice is given
before the start of the first affected shift.
2. With four (4) days' notice, reserve days of work may be interchanged with
scheduled days off, within the posted schedule. Such interchange will not
be used for an employee while attending meetings involving the Union.
3. In the case of illness, which would result in a staff shortage, four (4) days’
advance notice will be given when placing an employee on shift.
39.2.5 Penalties
Failure to give the required notice, stated in Item 39.2.4, shall result in the payment
of one and one-half times the employee's classification basic rate until the notice
period has elapsed.
39.2.6 Shift Differential
Sixty cents per hour shall be paid for scheduled hours worked on the evening shift.
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Eighty cents per hour shall be paid for scheduled hours worked on the night shift.
The appropriate shift differential shall be paid for the first eight (8) hours of each
scheduled shift on any day and shall not apply for overtime hours. When premium
time is involved for payment of shift worked, the premium rate shall be computed on
the standard basic rate, excluding shift differential.
Regular part-time and temporary part-time employees will not be eligible for shift
differential when the shift starts and ends between the hours of 07:00 and 18:00.
39.2.7 Special Payment Provisions
One and one-half times the employee's classification basic rate shall be paid for
scheduled shift work performed on Sundays, and statutory holidays.
NOTE
Shift workers shall receive entitlement for the same number
of statutory holidays as Monday-Friday, day-working
weekly-salaried employees. Therefore, when a statutory
holiday falls on a Saturday, statutory holiday credit shall not
apply. See chart at end of this section.
39.2.8 Overtime
Overtime for shift workers shall be paid at the appropriate overtime rate for all hours
worked outside of the posted shift schedule as per Item 40.3.2, paragraphs 1 and 2.
39.2.9 Minimum Payments - Overtime
Minimum payments for overtime shall be in accordance with Item 40.2.2.
The computing of hourly rates for overtime shall be in accordance with the following:
The basic weekly rate of each employee's classification, as set out in salary schedule
20, without any increments, premiums or bonuses, shall be divided by thirty-five (35).
Payment for overtime shall be made not later than on the second pay day following
the pay period during which the overtime was performed.
The Company agrees to control excessive authorized overtime by restricting actual
overtime to total not more than two (2) shifts (sixteen (16) hours) in any given pay
week.
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39.2.10 Definition of Notice
Notice: as referred to in this section shall be defined as per the following example:
One (1) day's notice shall mean three (3) shifts (twenty-four (24) hours and not an
individual employee's shift) prior to the start of the first affected shift. Also, the
notice period shall be deemed to commence coincident with the posting of the revised
schedule. A reasonable effort will be made to contact the employee affected by the
change.
39.2.11 The following items will be credited, for pay purposes, on an hour-for-hour
basis.
1. Personal time off.
2. Travelling time outside normal working hours.
3. Payment for temporary supervision.
4. Time charges and expenses - employee union representative.
When the following items apply a "day" will be the scheduled hours of work for that
day:
1. Jury duty.
2. Funerals.
3. Moving day.
The basic statutory and special time off provisions remain unchanged in that the time
off and pay entitlements will continue to be calculated on a seven (7) hour basis.
39.2.12 When employees are on vacation or sick leave, their time for these
particular days is to be credited with only seven (7) hours and no positive
time balance of one (1) hour.
40.0 OVERTIME PROVISIONS
Due to the nature of the Company operations, some employees will be required to
work overtime. Overtime will be minimized and managed within the limits of
corporate effectiveness and customer impact. In recognition of employee well-being
and inconvenience, an effort shall be made to equitably distribute overtime amongst
all qualified employees.
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40.1 Overtime Definitions
Overtime: Overtime, as used herein, means that part of the actual working time
which is outside the normal scheduled hours, and is therefore, subject to
compensation at premium rates.
Part C - Weekly Salaried Only
Prearranged Overtime: Work performed outside the normal scheduled hours for
which notification must be given a minimum of twenty-four (24) hours in advance
(twenty-one (21) hours for computer sub-branch shift working employees). Time shall
be counted from the time the employee reports for work until the employee finishes
work. Where this advance notice is not given, overtime shall be considered as
emergency overtime.
Emergency Overtime: Work performed outside the normal scheduled hours which
is neither prearranged nor extension overtime. Time shall be counted from the time
the employee reports for work until the employee finishes work.
Extension Overtime: Work performed outside the normal scheduled hours as an
extension of the normal scheduled hours/shift (either immediately preceding or
following the normal scheduled hours/shift). Time shall be counted from the time the
employee reports for work until normal starting time or from normal quitting time
until the employee finishes work.
40.2 Minimum Payments
40.2.1 Part B Employees (Maintenance Trades)
All overtime performed, or reported for due to lack of notice of cancellation, shall
result in a minimum payment of the greater of four (4) hours at straight time pay or
the actual time worked at the appropriate premium rate, except in the following
circumstances:
1. Overtime arranged during normal working hours and worked as an
extension before and/or after the employee's normal hours of work requires
no minimum payment.
2. When short call-outs are repeated within one (1) hour of the completion of a
previous call-out for which the minimum was paid, no additional minimum
payment is required.
3. For overtime call-outs occurring less than two (2) hours before the
commencement of normal starting time, the minimum will not apply and
the appropriate premium rate will be paid continuously from call-out time
until normal starting time.
40.2.2 Part C Employees (Weekly Salaried)
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All Part C weekly-salaried employees who are called out to work overtime with or
without notice shall receive the following:
When minimum payments apply no travel allowance will be paid.
1. All prearranged overtime performed or reported for due to lack of notice of
cancellation, Monday to Friday inclusive, shall receive a minimum of two
(2) hours at straight time or the actual time worked at the appropriate
premium rates, whichever is the greater.
2. All prearranged overtime cancelled within forty-eight (48) hours of the
designated time of work commencement shall require payment of two (2)
hours at straight time.
3. All prearranged overtime performed or reported for due to lack of notice of
cancellation on Saturdays, Sundays and statutory holidays shall receive a
minimum payment of four (4) hours at straight time or the actual time
worked at the appropriate premium rates, whichever is the greater.
4. This shall not apply where the overtime period commences on a Saturday,
Sunday or statutory holiday, as part of a longer overtime period continuing
into the next calendar day.
5. All emergency overtime work shall receive a minimum payment of four (4)
hours at straight time or the actual time worked at the appropriate
premium rate, whichever is the greater, providing short emergency calls are
not repeated within one (1) hour of the completion of a previous call for
which the four (4) hour minimum was paid.
If the call-out occurs less than two (2) hours before the commencement of
normal starting time, the minimum will not apply and the appropriate
premium rate will be paid continuously from the call-out time until normal
starting time.
6. Minimum payments will not apply to concrete inspectors required to work
up to two and one-half (2.5) hours overtime on Friday unless an extra trip
to work is required.
40.3 Premium Payments
40.3.1 Part B Employees (Maintenance Trades) Other Than Stationary
Engineers
Premium payment for overtime which does not include shift work shall be as follows:
1. One and one-half times the employee's basic rate shall be paid for all work
performed during the first four (4) clock hours after normal quitting time,
Monday to Friday inclusive.
2. Two times the employee's basic rate shall be paid for:
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All work performed outside of the first four (4) clock hours after normal
quitting time, Monday to Friday inclusive.
All work performed on Saturday, Sunday and statutory holidays.
3. When less than forty-eight (48) hours' notice has been provided and an
extra trip to the work location has been made to work overtime, time shall
be counted from the time the employee leaves his/her home until he/she
returns.
40.3.1.1 Overtime Cancellation Payments
All overtime cancelled within forty-eight (48) hours of its scheduled commencement
shall result in a cancellation payment of two (2) hours at straight time rate except in
the following circumstances:
1. Overtime arranged during normal scheduled hours as an extension to those
normal scheduled hours requires no cancellation payments.
2. Overtime arranged as an extension before the normal hours of work
requires no cancellation payment if cancelled with more than sixteen (16)
hours' notice prior to its commencement.
40.3.2 Part C Employees (Weekly Salaried)
Overtime, as used herein, means that part of the actual working time which is
outside the normal scheduled hours, and is therefore, subject to compensation at
premium rates.
Premium payment for overtime shall be as follows:
1. One and one-half times the employee's basic rate shall be paid for all work
performed during the first four (4) clock hours after normal quitting time,
Monday to Friday inclusive. It will also apply to the first four (4) hours of
overtime worked on an unscheduled day of work.
2. Two times the employee's basic rate shall be paid for:
All work performed outside of the first four (4) hours after normal
quitting time, Monday to Friday inclusive, and after the first four (4)
hours on an unscheduled day of work.
All work performed on Saturday, Sunday and statutory holidays which
occur Monday to Friday.
3. Overtime rates shall be computed by dividing the employee's basic weekly
salary by his/her normal weekly hours of work.
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40.4 Special Provisions Concerning Overtime
40.4.1 Part B (Maintenance Trades)
1. Because an employee was required to work overtime or because he/she lost
time in changing shifts, he/she shall not be prevented from working his/her
total number of normal daily hours in any normal scheduled day of work. If
the employee cannot be supplied with the work required to make up the
eight (8) hours' work in that day, his/her pay shall be adjusted to provide a
minimum of eight (8) hours' work.
2. If an employee who has worked overtime is physically capable and the gang
of which he/she is ordinarily a member is at work, he/she shall not be
deprived of the opportunity of working his/her normal scheduled hours in
addition to the overtime he/she may have worked.
3. An employee who has accumulated overtime hours shall receive this, in
earnings, calculated at the appropriate premium rate and cannot be
required to take time off in lieu of payment.
4. Employees who have worked overtime qualify for a rest period based on the
following:
1. An employee who is required to work continuously for more than
sixteen (16) hours, or an employee who accumulates sixteen (16)
hours of working time in any twenty-four (24) hour period without a
minimum five (5) hour continuous break between 2300 and 0700
hours, shall be entitled to an eight (8) hour rest period. Time spent
for meals may be deducted from the total elapsed time but is not to
be considered as breaking the continuity of the hours worked.
If the rest period extends into the employee's normal scheduled hours
of work he/she shall be paid at straight time rates for the portion of
the rest period which extends into the normal scheduled hours. This
is in addition to the overtime worked.
Should the employee be required to continue working beyond the
above sixteen (16) hour work periods, the employee shall be paid two
times his/her normal basic rate until an eight (8) hour rest period is
granted.
Should an employee be released before sixteen (16) hours have
elapsed, he/she will not be entitled to an eight (8) hour rest period,
and his/her right to continue work at straight time will be governed
by Section 40.4.1(2), above.
2. An employee on day work who is required to work four (4) but less
than six (6) accumulative overtime hours between the hours of 2300
and 0700 shall be entitled to a four (4) hour rest period.
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3. An employee on day work who is required to work six (6) or greater
accumulative overtime hours between the hours of 2300 and 0700
shall be entitled to an eight (8) hour rest period.
4. If the rest period in 2 and 3 above extends into the employee's normal
scheduled hours of work, he/she shall be paid at straight time rates
for the portion of the rest period which extends into the normal
scheduled hours. Should the employee be required to continue
working during normal scheduled hours, the employee shall be paid
at two times his/her normal basic rate until the rest period is
granted.
5. In computing overtime for hourly-rated employees on shift work, excluding
stationary engineers, 4th class, one and one-half times the employee's basic
rate shall be paid for all work performed during the four (4) hour period
following the scheduled shift and two times the employee's basic rate shall
be paid for all work performed during the twelve (12) hour period prior to
the start of the scheduled shift, Monday to Friday inclusive. All work
performed on Saturday, Sunday and statutory holidays shall be paid at two
times the employee's basic rate.
6. Overtime Weekly-Rated: The following trades weekly-rated classifications
shall receive overtime in accordance with the “premium payments” section
of Part A, Item 40.3.1 for all work in excess of the indicated hours:
(a) In excess of eight (8) hours in a day; janitorial staff and vehicle
services attendants.
40.4.2 Part C (Weekly Salaried)
1. In order to alleviate excessive inconvenience, an effort shall be made to
equitably distribute overtime amongst all qualified employees. Where
employees feel they have been assigned abnormal amounts of overtime,
consideration of such cases shall be considered fit matter for discussion at
local level.
2. The Company agrees to control excessive authorized overtime by restricting
actual overtime to not more than twelve (12) hours per week, excluding
travelling time. Under extraordinary circumstances, the Union will
consider waiving the restrictive features of this clause.
3. A travelling allowance up to a maximum of one (1) hour shall be paid at the
appropriate overtime rate when an employee is called in to work overtime
and an extra trip is involved.
4. Because an employee was required to work overtime or because he/she lost
time in changing shifts, he/she shall not be prevented from working his/her
total number of normal daily hours in any normal scheduled day of work. If
the employee cannot be supplied with the work required to make up the
A-109
normal daily hours of work in that day, his/her pay shall be adjusted to
provide a minimum of his /her normal weekly hours of work.
5. If an employee who has worked overtime and is physically capable and the
group of which he/she is ordinarily a member is at work, he/she shall not be
deprived of the opportunity of working his/her normal scheduled hours in
addition to the overtime he/she may have worked.
6. An employee who has accumulated overtime hours shall receive this in
earnings, calculated at the appropriate premium rate and cannot be
required to take time off in lieu of payment.
7. An employee who is required to work continuously for more than sixteen
(16) hours or an employee who accumulates sixteen (16) hours of working
time in any twenty-four (24) hour period without a minimum five (5) hour
continuous break between 23:00 and 07:00 hours shall be entitled to an
eight (8) hour rest period. Time spent for meals may be deducted from the
total elapsed time but is not to be considered as breaking the continuity of
the hours worked.
If the rest period extends into the employee's normal scheduled hours of
work, he/she shall be paid at straight time rates for the portion of the rest
period which extends into the normal scheduled hours. This is in addition
to the overtime worked.
Should he/she be required to continue working beyond sixteen (16) hours
he/she shall be paid two times his/her normal basic rate until an eight (8)
hour rest period is granted. Should an employee be released before sixteen
(16) hours have elapsed, he/she will not be entitled to an eight (8) hour rest
period, and his/her right to continue work at straight time will be governed
by Section 40.4.3(5).
40.5 Overtime - Regular Part-Time and Temporary Part-time Employees
Overtime is defined as:
(a) Hours worked which are in excess of the normal daily hours of the
classification. The premium payment for such work is one and one-half
times the employee's basic rate for all work performed during the first four
(4) clock hours after the normal quitting time of the classification, and two
times the employee's basic rate for all work performed outside of the first
four (4) clock hours after the classification's normal quitting time.
and/or
(b) Hours worked in excess of twenty-four (24) in a week. The premium
payment for such work is one and one-half times the employee's basic rate
for the first four (4) hours worked in a day. Two times the employee's basic
rate for all work performed in excess of four (4) hours in a day.
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and/or
(c) Unscheduled hours worked on Saturday and Sunday. The premium
payment for unscheduled hours worked on Saturday and Sunday is two
times the employee's basic rate.
40.6 Equivalent Time Off Without Pay
See Part A, Section 10.2
A-111
TIME ENTITLEMENT - INFORMATION MANAGEMENT FACILITIES
Monday to
Friday
Saturday Sunday Statutory
Holiday
Monday to
Friday
Statutory
Holiday
Saturday
Scheduled
Hours of
Work
Straight Time Straight Time Time and
one-half
Time and
one-half plus
statutory
holiday
credit
Time and
one-half
Non-
Scheduled
Hours of
Work
First four (4)
clock hours
worked after
normal
quitting time
at one and
one-half times.
All other hours
worked at two
times.
Double Time Double Time Double time
plus
statutory
holiday
credit
Double Time
Scheduled
Day Off
No
Entitlement
No
Entitlement
No
Entitlement
Statutory
Holiday
Credit
No
Entitlement
A-112
OVERTIME TABLE - HOURLY RATED EMPLOYEES
Monday to Friday
Saturday, Sunday, and Statutory Holiday
24
24
12
6 18
1 2
3
4
5
7
8
9
10 11
13 14
15
16
17
19
20
21
23
Normal
QuittingTime
T 1/2
D.T.
Normal Starting
Time
S.T.
D.T.
A-113
41.0 MEMBERSHIP LISTS
The Company will supply the PWU with a monthly list of all PWU members in Inergi
(including full time, part time, temporary, hiring hall, LTD, etc.) including:
Name
Employee #
ECD
OCC Code
Title
Grade
Building Code
Status
Business
The Company will provide the Chief Steward with a quarterly list of all contractors doing
represented work in Inergi LP. This will include:
Name
Business
Start Date
Expected End Date
42.0 INCENTIVE PLAN- Deleted in it’s entirety
Effective October 1, 2009 the salary schedules referenced in Article 8 will be increased by
1.0% in additional to any other negotiated increase, on the understanding that the 1.0%
increase above will only be applicable to Regular employees. In addition, this 1% increase
shall apply from January 1, 2009 to September 30, 2009 for all regular PWU employees.
The 1% shall be paid retroactively and the current wage schedules adjusted as soon as
practicable following ratification. For clarity, the 1% and 2009 3% increases shall not be
compounded.
43.0 WORK ASSIGNMENTS BETWEEN BARGAINING UNITS
43.1 Definitions
“Shared Services” includes ongoing work that provides internal support to both Inergi LP
and New Horizon System Solutions (NHSS). Such services typically include Strategic
Sourcing, Finance, Human Resources and support for internal tools and processes utilized
across the two companies.
“Bargaining Unit” (BU) means either of the PWU bargaining units in Inergi LP and
NHSS.
43.2 Temporary Assignments to another Bargaining Unit (BU)
A-114
The employer may assign an employee in one BU to do work in another BU for either a
short or long term assignment, subject to the following conditions:
1. Short Term Assignments
A short term assignment may be of short notice but will be of short
duration (20 consecutive working days or less).
Employees may also be assigned the work of an employee in the other
bargaining unit on a short-term basis to cover an absence (including
vacation) of 20 consecutive working days or less.
The employee retains all rights under the collective agreement of their
“home” BU.
The employee’s schedules hours per work week will not be changed or
reduced as a result of these assignments unless mutually agreed to by the
employer and employee. The Union reserves the right to challenge these
decisions.
Temporary assignments shall be consistent with the employee’s job
classification.
The company may assign work directly to employees if the duration of the
assignment is 2 consecutive days or less.
For assignments greater than 2 consecutive days, the company will ask
for volunteers. If there are no volunteers the company may assign on a
junior force basis, or, after appropriate discussions with the designated
PWU representative, seek other alternatives to complete the work.
All travel between assignment locations will be completed on paid
employer time during normal scheduled hours.
2. Long Term Assignments
Long term assignments will be for periods of up to 18 months after
discussions with the relevant Chief Steward.
Such assignments will be posted as rotational opportunities. The employer
will ensure that all employees in both BUs will have easy and timely
access to such postings.
The employees scheduled hours per work week will not be changed or
reduced as a result of these assignments unless mutually agreed by the
employer and employee. The Union reserves the right to challenge these
decisions.
A-115
Employees on such assignments will be covered by their home BU
collective agreement.
In cases where the wage schedule of the receiving BU is more provident
than the home BU, the employee will be entitled to the higher rate.
Selections to long term rotational opportunities for PWU represented
employees in both BUs will be made as per the relevant sections of Article
10 selection criteria. If there are no suitable applicants, the Company
may assign on a junior force basis, or, after appropriate discussion with
the delegated PWU representative, seek other alternatives to complete the
work. In the event that the Company assigns on a junior force basis and
it subsequently becomes necessary to fill a position in the classification
vacated by the assigned employee in their home bargaining unit, the
assigned employee shall be offered the opportunity to fill the position.
Extensions beyond an 18 month period are subject to mutual agreement
between Inergi LP and the Chief Steward.
43.3 Vacancies
Employees within the NHSS BU have the right to apply for vacancies within the
Inergi LP BU.
Selections to such vacancies will be made as per the relevant sections of Article
10. Unsuccessful applicants will be entitled to file a non selection grievance
under the hiring BU collective agreement.
The employer(s) will ensure that all employees in both BUs will have easy and
timely access to such postings.
A successful applicant to a vacancy in the other BU will become an employee of
the “hiring” BU. The employee will retain service credits for all purposes as a
result of the selection to the vacancy. Successful applicants will be eligible for
the appropriate moving expenses.
43.4 Ongoing Shared Services Work
Inergi LP may assign an employee to perform work in more than one BU on an
ongoing basis, subject to the following conditions:
The employee retains all rights under the collective agreement for their “home”
BU.
Vacancies for existing positions providing Shared Services shall be advertised in
the position’s original “home” BU.
A-116
Vacancies for new positions providing Shared Services shall be allocated to the
BU that possesses the skills and capabilities to do the work most effectively
consistent with the historical distribution of the Shared Services work by
function (e.g. Finance, Human Resources) between the two BUs.
The historical distribution will be calculated as of April 1, 2004.
These assignments shall be consistent with the employee’s job classification.
No regular employee will be involuntarily laid off as a result of the use of Shared
Services.
43.5 Implications re: Article 11
In the event that an Article 11 process is initiated in NHSS and not in Inergi LP, then the
following provisions will apply to Inergi LP PWU vacancies.
1. All open Inergi LP vacancies will be frozen once the displacement process has
commenced in NHSS. Vacancies will remain frozen until the names of the NHSS
employees who will be displaced, laid off and terminated are announced. Once
the announcement has been made, Inergi LP vacancies that were frozen will be
re-posted.
2. From the period after the announcement identified in item 43.5.1 and until the
date of termination set out in the initial notice of termination/layoff, NHSS PWU
represented employees who have been identified as laid off and terminated as a
result of the displacement process will be given access to open vacancies. In this
context, fair and objective consideration will be given to all NHSS candidates
who have received a notice of layoff/termination prior to Inergi LP candidates.
43.6 Reciprocal Agreements
The employer will guarantee that a reciprocal agreement between the pension plans of
Inergi LP and NHSS will be in place prior to the implementation of Item 43.3 Vacancies.
Should the reciprocal agreement not be in place within 1 month of this agreement coming
into effect, all items identified within this article will be suspended pending
implementation of the reciprocal agreement.
The implementation of this item is subject to the establishment of an identical
reciprocal work assignment agreement between NHSS and the Power Workers’
Union.
If the corresponding NHSS agreement ceases to be in effect this item will also
cease to be in effect.
44.0 EMPLOYEE TRAINING AND DEVELOPMENT
A-117
It is important to keep employees’ skills current.
The expected outcomes of an effective Training and Development program are to:
o Maintain a highly skilled workforce relevant to our business needs;
o Create opportunities for career development and advancement for our
employees;
o Increase individual productivity through improved skills and job experience;
and
o Increase customer satisfaction through improved service delivery.
Every employee will receive a minimum of 14 hours of training per year. Over a
three-year period, an employee will be provided with a minimum of 63 hours of
training. This commitment does not provide a guarantee for any specific employee,
but is an average for Inergi that will be maintained.
Both technical and non-technical training will be provided to employees where it is
required for their career development.
Training will be linked to, and integrated with, both the employees’ Personal
Development Plans (PDPs) and Inergi’s business plans.
Management will initiate the process of developing Personal Development Plans for
all employees.
Every PWU represented employee will have a PDP and his/her training needs
identified no later than March 31st. The development of the PDP is a joint effort
between the supervisor and the employee.
A review of training requirements for Inergi PWU employees will take place with
the Chief Steward quarterly. The purpose of the review is to ensure that the PDP
process has been completed and that training is scheduled to take place in
accordance with the commitments.
If a dispute arises over an employee’s PDP, the Chief Steward and Manager will
meet and attempt to resolve it. If a resolution cannot be found, it will be referred to
the Grievance Review Board.
The Company and the PWU will meet to jointly develop the Personal Development
Form prior to any implementation.
45.0 DESIGNATED EMPLOYEES SUPPORTING U.S. CLIENTS
This general item applies to employees who may be working in the same job classification
as other employees in the same organizational unit at the Markham Accounting Centre
(MAC).
The terms and conditions governing their work is similar to those governing other
employees working at the MAC with the following exceptions:
o The following statutory holidays will be observed by a designated group of
employees working primarily in support of U.S. clients:
New Year’s Day – January 1st
Memorial Day – Last Monday in May
Independence Day – July 4th
Labour Day – 1st Monday in September
Thanksgiving – Last Thursday and Friday of November
A-118
Christmas Day – December 25th
o The following Canadian Statutory Holidays will be worked at straight time and
considered a part of the designated employees regular ongoing work schedule:
Good Friday
Easter Monday
Victoria Day
Canada Day
Civic Holiday
Thanksgiving Day
Boxing Day
In addition, these designated employees will be allowed three (3) Floating
Holidays which may be taken on such days as the employee and his/her
supervisor mutually agree upon, following reasonable notice on the part of the
employee.
45.1 U.S. Client Support Bonus
Regular existing employees, as of October 1st, 2004, who are successful in being selected
to a vacant Designated U.S. Client Support Position, will be paid 1.5X per hour for
working the Canadian Statutory holidays listed above.
Employees hired after October 1, 2004, will not be eligible for the U.S. Client Support
Bonus.
46.0 Government Declared Emergencies
In the event of a Government Declared Emergency where non-essential workers are
ordered to stay at home, the essential workers who are required to come in will be
compensated with an additional one (1) day of paid vacation per day worked.
B-1
PART B
MAINTENANCE TRADES
B-2
TABLE OF CONTENTS
PART B
MAINTENANCE TRADES
1.0 WAGES
2.0 STANDBY, SERVICE DUTY AND ON-CALL
3.0 TRAVELLING TIME TO AND FROM THE JOB
4.0 HEADQUARTERS
5.0 TRUCK DRIVERS' CLASSIFICATION
6.0 JOURNEYPERSON "AA"
7.0 CONTRACT MONITORING
8.0 SUPERVISORY RESPONSIBILITIES
9.0 PAYMENT FOR TEMPORARY SUPERVISION
10.0 ADVERSE WEATHER
B-3
PART B
MAINTENANCE TRADES
Specific Matters of Agreement
1.0 WAGES
Wage rates shall be in accordance with the wage schedules which are part of this
Agreement.
2.0 STANDBY, SERVICE DUTY AND ON-CALL
Employees may be placed, as required, outside of their regular working hours on any
one of three types of special duty, depending on the nature of the anticipated work
and the extent to which their freedom must be restricted, as follows:
2.1 Standby
Employees on standby shall remain at a specified point from which they shall be
ready to proceed to their work location immediately upon receipt of instructions.
Their freedom is restricted to the same degree as if they were being held at their
regular work headquarters pending issuance of work instructions, and they are
considered for all intents and purposes to be already on the job.
Any employee of the Company may be required to perform this type of service, for
which payment will be made at the rate appropriate to the particular situation.
2.2 Provisions for Telephones
Telephone service to such designated employees deemed necessary by the Company
shall be in accordance with Mid-Term Agreement IN-MID-1.
2.3 When an employee is on service duty or on-call a paging device will be
supplied where such service is available and experience in that area has
proven it will provide a reliable service.
3.0 TRAVELLING TIME TO AND FROM THE JOB
Hourly-rated employees shall travel from their headquarters to and from the job on
Company time. The word "headquarters" shall be for the purpose of this item "where
the employee normally reports for work".
4.0 HEADQUARTERS
Headquarters, as referred to herein, means the building or point designated by the
Company at which the employees are expected to report for work or to assemble for
B-4
preparation for leaving for work at outside points. Employees moving from point to
point, may have temporary headquarters established at some hotel or boarding place
or some garage at which the truck is kept and at which the employees are to
assemble.
5.0 TRUCK DRIVERS' CLASSIFICATION
Class I - Operates any vehicle or combination of vehicle and trailer with a Gross
Vehicle Weight (GVW) of greater than 28,000 pounds (12,700 kg)
6.0 JOURNEYPERSON "AA"
A journeyperson tradesperson who is required to work at another trade requiring
skills of a level equal to or greater than his/her own trade shall be entitled to
journeyperson 'AA' rating for a minimum of eight (8) hours.
If a journeyperson tradesperson receives the journeyperson 'AA' rate for any part of a
day during forty (40) days or more in any calendar year, he/she will be appointed and
paid as a journeyperson 'AA' for that entire calendar year.
If the journeyperson 'AA' rate is paid for more than fifty percent (50%) of a calendar
year to the members of a crew, for a specific trade, one (1) of the members of the crew
will be appointed and paid as a journeyperson 'AA' for that entire calendar year.
7.0 CONTRACT MONITORING
Employees required to monitor the quantity, quality and/or safety of contractors work
shall be paid five percent (5%) above the journeyperson rate of his/her trade.
8.0 SUPERVISORY RESPONSIBILITIES
Many factors are involved in trades supervision. The depth of involvement in these
factors defines the level of supervision required. There are three (3) levels of regular
supervision within union jurisdiction. These are: union trades supervisor - level 3,
union trades supervisor - level 2 and union trades supervisor - level 1. The
responsibilities associated with each of these levels are set out in the "Trades
Responsibilities and Supervisory Criteria" dated July 15, 1968, which is an appendix
to this Agreement.
8.1 Tradesperson Responsibilities
A tradesperson is required to exercise judgment and control over his/her own actions
so that the assigned work may be performed safely, efficiently, and effectively, and
with consideration of its effect on others.
In a work situation, a journeyperson will be responsible only for his/her own work
and the work and training of one (1) apprentice or helper. However, for the purposes
of training, a journeyperson may be required to teach trade skills of a specific task to
B-5
more than one (1) apprentice or journeyperson at one time. During such a teaching
situation, the journeyperson is responsible, only, for the demonstration of trade skills
and not for the work of the apprentices or journeyperson involved.
Related to the above, a "helper" is a person of lower classification than the
tradesperson he/she is assisting; and "apprentice" is a person of lower classification
than journeyperson progression in a trade.
8.2 Supervisory Responsibilities of a Union Trades Supervisor - Level 3
A union trades supervisor - level 3 supervises an assigned crew on specific jobs and
does so for periods up to five (5) days without face-to-face contact with his/her
supervisor who will carry out the higher responsibilities of the job. Less frequent
contact requires that the union trades supervisor - level 3 be paid at the appropriate
supervisor rate. He/she performs physical work activities. This classification is paid
at a rate which is eight percent (8%) above the journeyperson rate of his/her trade or
eight percent (8%) above the journeyperson rate of the highest trade supervised,
whichever is the greater.
For the purposes of this item, if either the supervisor or the employees being
supervised are receiving a Journeyperson "AA" rate, this rate will be used in
determining the appropriate Union Trades Supervisor rate.
8.3 Supervisory Responsibilities of a Union Trades Supervisor - Level 2
A union trades supervisor - level 2 supervises staff on a continuing basis to carry out
a given work program. He/she performs physical work activities. This classification
is paid at a rate which is seventeen percent (17%) above the journeyperson rate of
his/her trade or seventeen percent (17%) above the journeyperson rate of the highest
trade supervised, whichever is the greater.
For the purposes of this item, if either the supervisor or the employees being
supervised are receiving a Journeyperson "AA" rate, this rate will be used in
determining the appropriate Union Trades Supervisor rate.
8.4 Supervisory Responsibilities of a Union Trades Supervisor - Level 1
A union trades supervisor - level 1 performs the complete supervisory responsibilities
over a trade staff. He/she performs physical work activities. This classification is
paid at a rate which is twenty-two percent (22%) above the journeyperson rate of
his/her trade or twenty-two percent (22%) above the journeyperson rate of the highest
trade supervised, whichever is the greater.
For the purposes of this item, if either the supervisor or the employees being
supervised are receiving a Journeyperson "AA" rate, this rate will be used in
determining the appropriate Union Trades Supervisor rate.
8.5 Supervisory Responsibilities of a Management Supervisor
B-6
A management supervisor's responsibilities are of a supervisory nature as described
in the Trades Responsibilities and Supervisory Criteria. Normally, they must not
take the place of skilled workers. In the event that an emergency work condition
arises, skilled help should be called in. However, where suitable skilled help is not
available at the required time, supervisors are expected to perform whatever duties
are necessary. The foregoing is not intended to prohibit the supervisor from using the
tools of the trade for training purposes.
9.0 PAYMENT FOR TEMPORARY SUPERVISION
Overall supervision of a crew is provided by a supervisor and/or union trades
supervisor - level 3 carrying out the appropriate responsibilities set out in 8.2 to 8.5.
However, a crew may be assigned a task without a regular supervisor in attendance,
in which case a temporary supervisor may be appointed. In such instances, any
responsibility for supervision must be assigned, it cannot be assumed. When so
assigned, the level of supervision to be performed and paid must be designated in
accordance with Section 8.0, above.
Employees shall not be held accountable for more than journeyperson responsibilities
that have not been assigned.
Where no regular supervisor is on a job the following shall apply:
1. Where a journeyperson is responsible for one (1) helper or one (1)
apprentice, there shall be no payment for supervision.
2. Where two (2) journeypersons are working together and each is responsible
for his/her own work, there shall be no payment for supervision. However,
where a journeyperson is held responsible for the work of another
tradesperson, other than a helper, he/she shall be appointed and paid as a
lead hand or union trades supervisor - level 3. A lead hand shall be paid for
assigned responsibilities in excess of two (2) hours per day, in which case
he/she shall be paid five percent (5%) above the journeyperson rate of
his/her trade, or five percent (5%) above the journeyperson rate of the
highest trade supervised, whichever is greater, for a minimum of four (4)
hours, or the actual hours worked as a lead hand, whichever is greater.
Lead hand responsibilities are as appended to the "Trades Responsibilities
and Supervisory Criteria" document. Lead Hand rate will not be applicable
to Regional Maintainer classifications.
3. Where a group of employees are working at a location on jobs which are
independent of one another and planned by a supervisor so that no
coordination of their activities is required, additional supervision will not be
required.
Where the job is being performed by three (3) or more employees, one (1) of
them shall be appointed and paid as a union trades supervisor - level 3 or
level 2. In such cases if he/she supervises for more than two (2) hours in a
B-7
day he/she shall be paid the supervisor rate for a minimum of four (4) hours
or the actual hours he/she supervises, whichever is greater.
9.1 Schedule of Payment for Relief Supervision in an Established
Position
The following schedule shows the rate to be paid for employees relieving a supervisor.
The column figures represent the percentage to be paid above the basic journeyperson
rate.
Classification Performed
Regular
Classification
Level 3
Supervisor
Level 2
Union or
Management
Supervisor
Level 1
Union or
Management
Supervisor
Journeyperson 8 17 22
Level 3 Supervisor 17 22
Level 2 Supervisor 17 22
Level 1 Supervisor 22
10.0 ADVERSE WEATHER
When in the Company’s opinion the weather is unduly adverse, employees shall not
normally be required to work outside and the following shall apply:
10.1 Regular Employees
Regular employees shall within normal scheduled hours be provided with inside
work.
10.2 Regular-Seasonal Employees
Employees who have attained regular-seasonal status in accordance with Part A,
Item 2.0, and continue to be employed on a seasonal basis shall be entitled to a half
day's pay per day or pay for actual hours worked or held whichever is the greater,
providing the employee reports for work.
10.3 Temporary Employees
Two (2) hours' pay will be allowed when a temporary employee reports and is
prepared to remain for two (2) hours at his/her place of work and is prevented from
working due to unduly adverse weather.
If a temporary employee is required to remain at his/her place of work longer than
two (2) hours, he/she shall be paid for all the time he/she is required to stay on the
job.
B-8
25
09
UTS SUPV
Grade Trade LVL 3 LVL 2
Step 0 Step 1 Step 2 Step 3 Step 4
08 Labourer
(1)
20.07 23.19 25.77 27.83 30.15
NOTES:
(1) Progressions are on six (6) month intervals until Step 2 is reached.
NOTE: All progressions shall be in accordance with Item 3 of Part A.
Compensation & Benefits
Effective: October 1, 2009
In the Trades schedule, when an employee not at the maximum rate for his/her group is
INERGI LP / POWER WORKERS' UNION COLLECTIVE AGREEMENT
SALARY SCHEDULE 25
TRADES
DOLLARS PER HOUR
B-9
25
10
UTS SUPV
Grade Trade LVL 3 LVL 2
Step 0 Step 1 Step 2 Step 3 Step 4
08 Labourer
(1)
20.67 23.89 26.54 28.66 31.05
NOTES:
(1) Progressions are on six (6) month intervals until Step 2 is reached.
NOTE: All progressions shall be in accordance with Item 3 of Part A.
Compensation & Benefits
Effective: October 1, 2010
In the Trades schedule, when an employee not at the maximum rate for his/her group is
INERGI LP / POWER WORKERS' UNION COLLECTIVE AGREEMENT
SALARY SCHEDULE 25
TRADES
DOLLARS PER HOUR
B-10
25
11
UTS SUPV
Grade Trade LVL 3 LVL 2
Step 0 Step 1 Step 2 Step 3 Step 4
08 Labourer
(1)
21.29 24.61 27.34 29.53 31.99
NOTES:
(1) Progressions are on six (6) month intervals until Step 2 is reached.
NOTE: All progressions shall be in accordance with Item 3 of Part A.
Compensation & Benefits
Effective: October 1, 2011
In the Trades schedule, when an employee not at the maximum rate for his/her group is
INERGI LP / POWER WORKERS' UNION COLLECTIVE AGREEMENT
SALARY SCHEDULE 25
TRADES
DOLLARS PER HOUR
B-11
32
09
UTS SUPV
LVL 3 LVL 2
Grade Title STEP 0 STEP 1 STEP 2 STEP 3 STEP 7 STEP 8
10 Truck Driver Class 3 26.44 27.66 28.34
11 Truck Driver Class 2 27.66 28.48 29.33
12 Truck Driver Class 1 28.38 29.62 31.02
16 Stockkeeper Helper 26.59 27.87 28.97
18 Stockhandler 27.65 28.87 29.70 32.08 34.75
19 Forklift Operator 28.27 29.52 30.37 35.53
21 Stockkeeper 31.51 32.40 33.06 35.70 38.68
30 Material Handler 'B' 27.65 28.87 29.70 32.08 34.75
31 Material Handler 'A' 28.27 29.52 30.37 32.80 35.53
* First increase six months after starting date.
All progressions shall be in accordance with Item 3 of Part A.
Compensation & Benefits
Effective: October 1, 2009
INERGI LP / POWER WORKERS' UNION COLLECTIVE AGREEMENT
SALARY SCHEDULE 32
TRADES SERVICES - (HOURLY RATED)
DOLLARS PER HOUR
B-12
32
10
UTS SUPV
LVL 3 LVL 2
Grade Title STEP 0 STEP 1 STEP 2 STEP 3 STEP 7 STEP 8
10 Truck Driver Class 3 27.23 28.49 29.19
11 Truck Driver Class 2 28.49 29.33 30.21
12 Truck Driver Class 1 29.23 30.51 31.95
16 Stockkeeper Helper 27.39 28.71 29.84
18 Stockhandler 28.48 29.73 30.59 33.04 35.79
19 Forklift Operator 29.12 30.40 31.28 36.60
21 Stockkeeper 32.45 33.37 34.05 36.77 39.84
30 Material Handler 'B' 28.48 29.73 30.59 33.04 35.79
31 Material Handler 'A' 29.12 30.40 31.28 33.78 36.60
* First increase six months after starting date.
All progressions shall be in accordance with Item 3 of Part A.
Compensation & Benefits
Effective: October 1, 2010
INERGI LP / POWER WORKERS' UNION COLLECTIVE AGREEMENT
SALARY SCHEDULE 32
TRADES SERVICES - (HOURLY RATED)
DOLLARS PER HOUR
B-13
32
11
UTS SUPV
LVL 3 LVL 2
Grade Title STEP 0 STEP 1 STEP 2 STEP 3 STEP 7 STEP 8
10 Truck Driver Class 3 28.06 29.35 30.07
11 Truck Driver Class 2 29.35 30.22 31.12
12 Truck Driver Class 1 30.11 31.43 32.91
16 Stockkeeper Helper 28.22 29.57 30.74
18 Stockhandler 29.34 30.63 31.51 34.03 36.87
19 Forklift Operator 30.00 31.32 32.22 37.70
21 Stockkeeper 33.42 34.37 35.07 37.88 41.03
30 Material Handler 'B' 29.34 30.63 31.51 34.03 36.87
31 Material Handler 'A' 30.00 31.32 32.22 34.80 37.70
* First increase six months after starting date.
All progressions shall be in accordance with Item 3 of Part A.
Compensation & Benefits
Effective: October 1, 2011
INERGI LP / POWER WORKERS' UNION COLLECTIVE AGREEMENT
SALARY SCHEDULE 32
TRADES SERVICES - (HOURLY RATED)
DOLLARS PER HOUR
C-1
PART C
WEEKLY-SALARIED
C-2
TABLE OF CONTENTS
PART C
WEEKLY-SALARIED
1.0 SALARIES
2.0 ON-CALL – INFRASTRUCTURE MANAGEMENT AND APPLICATION
MANAGEMENT
3.0 POSTING OF VACANCIES
4.0 CLERICAL-TECHNICAL JOB EVALUATION
5.0 POSITIONS EXCLUDED AS PER ARTICLE 1 - WEEKLY-SALARIED
(CLERICAL AND TECHNICAL)
C-3
PART C
WEEKLY-SALARIED
Specific Matters of Agreement
1.0 SALARIES
Salaries shall be in accordance with the salary schedules which are part of this
Agreement.
1.1 New Hire Compensation
Employees hired on or after October 1st, 2004 will join the company at a starting
wage rate that is 85% of the Step 5 wage rate for the position. Each salary grade will
now have five (5) steps as shown below:
All wage schedules in the collective agreement will be adjusted according to the
following rules or formula:
Step 1 = 85%
Step 2 = 89%
Step 3 = 94%
Step 4 = 97%
Step 5 = 100%
The time interval required for anniversary progression shall be in accordance with
Part ‘A’, Section 3.0.
Any inconsistencies between the existing Collective Agreement and this item will be
resolved in a manner consistent with the goals and principles of the new wage
schedules for these new hires.
2.0 ON CALL – INFRASTRUCTURE MANAGEMENT AND
APPLICATION MANAGEMENT
On call is the term used to cover trouble call service performed by Information
Technology Technicians. While on-call, they are allowed up to a maximum of two (2)
hours between the time they are called and the time when they report to work.
The rate of pay for on-call duty will be one-half (1/2) hour at the employee’s basic
hourly rate per day, except for Saturdays, Sundays and statutory holidays when the
rate will be one (1) hour at the employee’s basic hourly rate per day. An employee
C-4
required to report to work for on-call duty shall be paid for his/her working time in
accordance with the standard regulations governing overtime, including the
regulation governing work performed on a short call basis.
On-call duty by Enterprise Technology Services will be on a purely voluntary,
individual basis.
3.0 POSTING OF VACANCIES
All vacancies as set out in Article 10 and as covered by this section of the Agreement
will be posted when they become vacant with the following exceptions:
1. A change to the job duties, rating and/or salary grade resulting from a
Clerical-Technical Job Evaluation Plan challenge, or a Review of a Rating
by the Job Classification Committee, or a change to a job title and/or
occupation code only, shall not be considered to create a vacancy.
2. A change to the duties of an occupied job, wherein the salary grade remains
unchanged, shall not be considered to create a vacancy.
3. A change to the duties of a job covered by the Clerical-Technical Job
Evaluation Plan which results in an increase to the salary grade shall not
be considered to create a vacancy if there is, in the Company’s opinion, an
employee in the immediate work group who is the only one qualified to
perform the resulting job. However, in such cases, if there is a more senior
employee in the same job in the same work group who was not appointed to
the resulting job, he/she shall have the right to seek redress under Article 2,
Grievance Procedure.
4. Changes to jobs which result in a surplus in staff complement of the work
group shall not be considered to create a vacancy in the resulting job(s).
5. The restructuring of a job in a manner which justifies application of the
Downward Restructuring Rule (Section 4.9.2 of this section of Agreement)
to the incumbent, shall not be considered to create a vacancy.
3.1 Posting Procedures
A notice of vacancy referring to jobs covered by the Clerical-Technical Job Evaluation
Plan shall be based on the job description and job specification and shall be posted
province-wide. Nothing contained in the notice of vacancy shall contravene the
information contained in the job documents. No important information (subject to
space limitations) shall be omitted. A notice of vacancy setting out a higher education
C-5
or experience requirement than indicated in the job specification will require a
corrected notice of vacancy and an extended date of closure.
Vacancies for applications technician and service specialist within the jurisdiction of
the Union shall be posted on a province-wide basis subject to all conditions relating to
positions once removed from the Union's jurisdiction.
4.0 CLERICAL-TECHNICAL JOB EVALUATION
NOTE
The job challenge process contained in Clerical-Technical Job
Evaluation Manual, “Plan B” and referred to in this section
shall be replaced for the term of this Collective Agreement
with the expedited process contained in Article 2.8, Dispute
Resolution – Article 8, Job Challenges, and OGLs. The Job
Classification Committee shall assume all the
responsibilities normally associated with the Joint Salary
Committee for the term of this Collective Agreement.
4.1 The Clerical-Technical Job Evaluation Plan
The provisions which form the basis of the Clerical-Technical Job Evaluation Plan,
formerly referred to as Plan 'B', are contained in the Collective Agreement and the
Union Clerical-Technical Job Evaluation Manual. Matters pertaining to the
application of dollars are contained in the Collective Agreement. Job evaluation
matters are contained in the Manual. The Company shall identify the Company
groups responsible for dealing with the Union in the foregoing matters.
4.2 Jobs Covered by the Clerical-Technical Job Evaluation Plan
The plan shall cover all jobs falling under this section of the Collective Agreement
excepting those covered by salary schedule 21.
4.3 Identification of Jobs in Salary Schedule
All jobs processed under the Clerical-Technical Job Evaluation Plan shall be
designated a salary grade in the current salary schedule issued in conjunction with
the Collective Agreement.
C-6
4.4 The Union Clerical-Technical Job Evaluation Manual
The Manual is a supplement of the Collective Agreement and its provisions shall
apply as if set forth in full herein.
The Manual shall be supplied to all employees whose jobs are covered by the plan.
4.5 Rights of the Parties
The Company has and shall retain the exclusive right and power to decide what work
is to be done and who is to do it and accordingly the Company shall apply the
Clerical-Technical Job Evaluation Plan to determine appropriate salary grades for
jobs. The Company shall exercise these rights in accordance with the provisions as
set forth in the Collective Agreement and the Union Clerical-Technical Job
Evaluation Manual.
The Union's right shall be to act on behalf of its members to ensure that the
Clerical-Technical Job Evaluation Plan is being properly applied. In order to carry
out this function, the Union Job Evaluation Officer shall work in liaison with the
appropriate Company groups responsible for the administration of such matters and
he/she shall be permitted, within reason, to interview employees during regular
working hours.
The Union shall exercise these rights in accordance with the provisions as set forth in
the Collective Agreement and the Union Clerical-Technical Job Evaluation Manual.
The Union shall retain its rights to participate jointly with the Company in
developing and/or modifying the Clerical-Technical Job Evaluation Plan.
In the event of conflict between the foregoing general statements, regarding the
rights of the parties, and the specific provisions contained in the Collective
Agreement and the Union Clerical-Technical Job Evaluation Manual, the latter shall
govern.
4.6 Salary Schedule
The salary schedule for jobs covered by the Clerical-Technical Job Evaluation Plan
and issued in conjunction with the current Collective Agreement shall have the
following characteristics:
1. The salary schedule shall be a salary range schedule with a total of
eighteen (18) salary grades.
C-7
2. The percentage increment from salary grade to salary grade (based on step
5 of each salary grade) calculated from salary grade 51, step 5, shall be
annotated on the schedule 20 which is currently in effect.
3. Each salary grade is composed of five (5) steps. The fourth step is ninety-
seven percent (97%) of the maximum and the third step is ninety-four
percent (94%) of the maximum, the second step is eighty-nine percent (89%)
of the maximum and the first step is eighty-five percent (85%) of the
maximum. The time interval required for anniversary progression shall be
in accordance with Part A, Section 3.0.
4. When an incumbent is promoted from one salary grade to another, he/she
shall be promoted in accordance with Part A, Section 25.1.1.
5. The relationship between the salary grade and the point range shall be
thirteen (13) points for the first salary grade and twenty-one (21) points for
each salary grade thereafter.
4.7 Wages and Retroactivity upon Upward Reclassification
Upward Reclassification as a Result of Company-Initiated Action:
1. Transfer from the existing salary grade to the new higher salary grade shall
be by the promotion rule.
2. Retroactive entitlement shall be computed by going back to the date when
the increased job demands and responsibilities were instituted or
undertaken.
Upward Reclassification as a Result of Employee-Initiated Action Through the
Issuance of a Record of Discussion Form:
1. Transfer from the existing salary grade to the new higher salary grade shall
be by the promotion rule, except in the following situations where it shall be
by the step-to-step method:
(a) Where there is no change in job content or job demand, but the job
specification factor ratings change resulting in an upward
reclassification of the job.
(b) Where a change in job demand is recognized resulting in an upward
reclassification of the affected incumbents and where such
incumbents have been performing the duties and/or undertaking the
responsibilities which caused the upgrading for a period of one (1)
year or more prior to the date of the first discussion as recorded on
C-8
the Record of Discussion form and where these same incumbents
have been in the maximum step of the salary grade for the job for one
(1) year or more prior to the date of the first discussion.
2. The date of the transfer of an employee to a higher salary grade whether by
the promotion rule or the step-to-step method shall be the date of the
commencement of the retroactivity and the transfer shall be from the salary
grade and step in effect on that date.
3. Retroactive entitlement in Subsection 1. above shall be as set out in the
Union Clerical-Technical Job Evaluation Manual.
4. An incumbent who has left the Company’s service shall be entitled to
retroactive payment, as a result of challenge for the affected period during
which he/she was in the Company’s employ.
4.8 Training Situations
Normally, an employee receives his/her training and experience by being promoted
through a series of established jobs for which job descriptions and job specifications
exist. His/her movement up the ladder from job to job will occur when the Company
determines that he/she is capable of performing the duties and responsibilities of a
higher-rated job, and an opening exists.
At times, however, in certain types of work, an employee will be advanced through a
planned series of training steps in which he/she will be directly trained for a specific
job which he/she will eventually occupy, i.e., a terminal job. This is termed a training
situation.
The Company will identify the need for such a training situation and will structure
the terminal job. A job description and job specification will be prepared for the
terminal job only. The Job Classification Committee will establish the final rating for
the terminal job, and will determine the appropriate training steps leading to the
terminal job rate.
The training steps will be established in the following manner:
4.8.1 Formula for Developing Training Situations
The hiring rates will be established based on survey data supplied by the Company
and/or the Union and will be consistent with the mean hiring rate being paid by other
companies to inexperienced graduates possessing the specified education required to
perform the terminal job.
C-9
The time span of the training situation will consist of a number of years equal to the
minimum number of years indicated in the experience factor applying to the terminal
job.
For each year of the time span as determined above an annual training step will be
established. The Job Classification Committee may approve the division of annual
steps into quarterly or semi-annual sub-steps where such action has been
recommended by line management.
Salary step dollars shall be calculated to proceed in geometric progression from the
hiring rate to step 1 of the salary grade for the terminal job in the number of years of
the training situation. The dollar values thus obtained for each step shall be
translated to the nearest salary grade and step (above or below) which appears on
schedule 20. The factor used to multiply each annual step dollars to find the next
annual step will be 'F', i.e.,
F = n Rt
Rs
Where,
n = Number of years in the training situation
Rs = Hiring rate
Rt = Terminal rate
Where applicable the dollars for the half-yearly step will be starting dollars
multiplied by 'Fh', i.e.,
Fh = 2n Rt
Rs
4.8.2 Advancement Through Training Situations
1. A trainee will (subject to Subsections 2. and 3. following) advance to each
subsequent training step at the designated intervals based on the date of
appointment to the training situation. Upon completion of his/her training,
he/she will be placed in the first progression step of the salary grade
applying to the terminal job. He/she will then be subject to the conditions of
the Clerical-Technical Job Evaluation Plan.
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2. If at any time the trainee is judged to be incapable of performing the
terminal job in a satisfactory way, he/she may be removed from the training
situation.
3. If a trainee, in the Company’s opinion, fails to make satisfactory progress
his/her next training step may be delayed, in accordance with the provisions
of Part A, Subsection 3.0. Such a delay may take place on one occasion only
throughout the training program.
4. If a trainee, in the opinion of the Company displays exceptional ability,
he/she may be advanced to the training step which is more in keeping with
his/her achieved progress.
5. If a person having suitable experience is appointed to a training situation,
the Company may place him/her in any training step judged to be
appropriate to his/her applicable experience.
6. If a trainee, who has not yet attained the terminal job level, believes that
he/she is fully performing the duties, and has the responsibilities of the
terminal job document, he/she may institute a challenge.
4.8.3 Continuing Administration of Training Situations
The established hiring rates will remain in effect until altered through negotiation
between the parent bodies or until altered through action resulting from a review by
the Job Classification Committee upon the request by the parent bodies.
Recalculation of training step values (according to 4.8.1) will occur with a change in
the hiring rate.
The existing trainees will remain on the training situations on which they were hired
until they have reached the step 5 of the salary grade of the terminal job.
4.8.4 Tiered Training Situations
In certain instances, it may be necessary to develop a hierarchy of terminal jobs with
training situations leading to each level, e.g., to the junior, to intermediate, and to
senior levels. In such cases, the principles and practices as set out in this Agreement
will serve as a guide in the development of training steps and their values.
C-11
4.9 Clerical-Technical Job Evaluation Plan
4.9.1 Merit Rating
It is agreed that if, as and when merit rating is to be instituted, the plan (system of
measurement), but not the application, shall be subject to negotiations.
4.9.2 Downward Restructuring Rule
This provision shall apply to incumbents whose jobs are covered by the
Clerical-Technical Job Evaluation Plan.
Should the job which an incumbent is performing be changed, but the basic function
and significant duties of the job remain unchanged, and should the job then fall into a
lower salary grade, the following shall apply:
1. The incumbent's salary dollars (rate) shall be held constant, except for
increases referred to in Subsection 4.9.2(4.), commencing on the date of
issue of the Advice of Rating form issued by the Company.
2. Annually thereafter, the incumbent shall have his/her rate reduced by one
(1) progression step in the manner portrayed by the chart below.
3. The above process shall continue until the maximum dollars in the salary
range for the restructured job are reached.
4. In the foregoing process of reduction, current salary schedule dollars shall
be used. These include general negotiated increases and cost of living
increases.
5. Reduction of One Salary Grade
(a) Incumbent is in 5th progression step9 (1) (2) (3) (4) (5) (1) (2) (3) (4) (5)
(b) Incumbent is in 4th progression step10 (1) (2) (3) (4) (5) (1) (2) (3) (4) (5)
9 On the date of issue of the Advice of Rating form.
10 ibid
C-12
(c) Incumbent is in 3rd progression step11 (1) (2) (3) (4) (5) (1) (2) (3) (4) (5)
(d) Incumbent is in 2nd progression step12 (1) (2) (3) (4) (5) (1) (2) (3) (4) (5)
(e) Incumbent is in 1st progression step13
(1) (2) (3) (4) (5) (1) (2) (3) (4) (5) 6. Reduction of More than One Salary Grade
(a) Incumbent is in 5th progression step14 (1) (2) (3) (4) (5) (1) (2) (3) (4) (5) (1) (2) (3) (4) (5)
(b) Incumbent is in 4th progression step15 (1) (2) (3) (4) (5) (1) (2) (3) (4) (5) (1) (2) (3) (4) (5)
(c) Incumbent is in 3rd progression step16 (1) (2) (3) (4) (5) (1) (2) (3) (4) (5) (1) (2) (3) (4) (5)
(d) Incumbent is in 2nd progression step17
11
ibid 12
ibid 13
ibid 14
ibid 15
ibid 16
ibid
C-13
(1) (2) (3) (4) (5) (1) (2) (3) (4) (5) (1) (2) (3) (4) (5)
(e) Incumbent is in 1st progression step18
(1) (2) (3) (4) (5) (1) (2) (3) (4) (5) (1) (2) (3) (4) (5)
5.0 POSITIONS EXCLUDED AS PER ARTICLE 1 -
WEEKLY-SALARIED (CLERICAL AND TECHNICAL)
Incumbents in positions excluded under Article 1 perform certain inherent work
functions which are part of their normal duties. It is also recognized, however, that
such work functions will not be performed for the purpose of reducing staff
requirements or deliberately to avoid overtime for employees represented by the
Union. If the Union believes that this provision is being abused, it may lodge a
grievance under Article 2 of the Collective Agreement.
17
ibid 18
Ibid
C-1
20
12
REGULAR EMPLOYEES
INERGI LP / POWER WORKERS' UNION COLLECTIVE AGREEMENT
SALARY SCHEDULE 20
BARGAINED RATE - WEEKLY SALARIED POSITIONS
DOLLARS PER WEEK
GRADE
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
68
1,895.15 1,984.34 2,095.81 2,162.70 2229.59 67
1,787.89 1,872.03 1,977.20 2,040.30 2103.40
66
1,686.86 1,766.24 1,865.47 1,925.00 1984.54
65
1,591.73 1,666.63 1,760.26 1,816.44 1872.62 64
1,502.11 1,572.80 1,661.16 1,714.17 1767.19
63
1,417.72 1,484.44 1,567.84 1,617.87 1667.91 62
1,338.29 1,401.27 1,479.99 1,527.23 1574.46
61
1,263.47 1,322.92 1,397.24 1,441.84 1486.43
60
1,192.98 1,249.12 1,319.30 1,361.40 1403.51 59
1,126.62 1,179.64 1,245.91 1,285.68 1325.44
58
1,060.95 1,110.88 1,173.29 1,210.73 1248.18 57
999.19 1,046.21 1,104.99 1,140.25 1175.52
56
940.96 985.24 1,040.59 1,073.80 1107.01
55
886.14 927.84 979.97 1,011.24 1042.52 54
834.54 873.81 922.90 952.36 981.81
53
785.90 822.89 869.11 896.85 924.59 52
740.17 775.00 818.54 844.67 870.79
51
696.98 729.78 770.78 795.38 819.98
This schedule is applicable to positions established as having a 35 or 37-1/2 hour basic work week.
NOTE: All progressions shall be in accordance with Item 3 of Part A.
Compensation & Benefits
Effective: October 1, 2012
C-2
20
13
REGULAR EMPLOYEES
INERGI LP / POWER WORKERS' UNION COLLECTIVE AGREEMENT
SALARY SCHEDULE 20
BARGAINED RATE - WEEKLY SALARIED POSITIONS
DOLLARS PER WEEK
GRADE
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
68
1,945.37 2,036.92 2,151.35 2,220.01 2,288.67 67
1,835.27 1,921.63 2,029.59 2,094.37 2,159.14
66
1,731.56 1,813.05 1,914.90 1,976.02 2,037.13
65
1,633.90 1,710.79 1,806.91 1,864.57 1,922.24 64
1,541.92 1,614.48 1,705.18 1,759.60 1,814.02
63
1,455.29 1,523.78 1,609.38 1,660.75 1,712.11 62
1,373.75 1,438.40 1,519.21 1,567.69 1,616.18
61
1,296.95 1,357.98 1,434.27 1,480.05 1,525.82
60
1,224.60 1,282.22 1,354.26 1,397.48 1,440.70 59
1,156.48 1,210.90 1,278.93 1,319.74 1,360.56
58
1,089.07 1,140.32 1,204.38 1,242.82 1,281.26 57
1,025.67 1,073.94 1,134.27 1,170.47 1,206.67
56
965.90 1,011.35 1,068.17 1,102.26 1,136.35
55
909.63 952.43 1,005.94 1,038.05 1,070.15 54
856.66 896.97 947.36 977.60 1,007.83
53
806.73 844.69 892.14 920.62 949.09 52
759.79 795.54 840.24 867.05 893.87
51
715.45 749.12 791.21 816.46 841.71
This schedule is applicable to positions established as having a 35 or 37-1/2 hour basic work week.
NOTE: All progressions shall be in accordance with Item 3 of Part A.
Compensation & Benefits
Effective: October 1, 2013
C-3
20
14
REGULAR EMPLOYEES
INERGI LP / POWER WORKERS' UNION COLLECTIVE AGREEMENT
SALARY SCHEDULE 20
BARGAINED RATE - WEEKLY SALARIED POSITIONS
DOLLARS PER WEEK
GRADE
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
68
1,993.04 2,086.83 2,204.07 2,274.41 2,344.75 67
1,880.23 1,968.72 2,079.32 2,145.68 2,212.04
66
1,773.98 1,857.47 1,961.82 2,024.43 2,087.04
65
1,673.94 1,752.71 1,851.18 1,910.26 1,969.34 64
1,579.70 1,654.04 1,746.96 1,802.72 1,858.47
63
1,490.95 1,561.11 1,648.82 1,701.44 1,754.06 62
1,407.42 1,473.65 1,556.44 1,606.12 1,655.79
61
1,328.73 1,391.26 1,469.42 1,516.31 1,563.21
60
1,254.60 1,313.64 1,387.44 1,431.72 1,476.00 59
1,184.82 1,240.57 1,310.27 1,352.08 1,393.90
58
1,115.75 1,168.26 1,233.89 1,273.27 1,312.65 57
1,050.80 1,100.24 1,162.06 1,199.14 1,236.23
56
989.55 1,036.12 1,094.33 1,129.25 1,164.18
55
931.91 975.77 1,030.59 1,063.48 1,096.37 54
877.64 918.94 970.57 1,001.54 1,032.52
53
826.50 865.39 914.01 943.18 972.35 52
778.40 815.04 860.82 888.30 915.77
51
732.98 767.47 810.59 836.46 862.33
This schedule is applicable to positions established as having a 35 or 37-1/2 hour basic work week.
NOTE: All progressions shall be in accordance with Item 3 of Part A.
Compensation & Benefits
Effective: October 1, 2014
C-4
21
12
REGULAR EMPLOYEES
INERGI LP/POWER WORKERS' UNION COLLECTIVE AGREEMENT
SALARY SCHEDULE 21
BARGAINED RATE - WEEKLY SALARIED POSITIONS
DOLLARS PER WEEK
GRADE
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
68
2,165.89 2,267.81 2,395.21 2,471.66 2,548.10 67
2,043.29 2,139.44 2,259.64 2,331.75 2,403.87
66
1,927.85 2,018.57 2,131.98 2,200.02 2,268.06
65
1,819.10 1,904.71 2,011.71 2,075.92 2,140.12 64
1,716.69 1,797.48 1,898.46 1,959.05 2,019.64
63
1,620.24 1,696.49 1,791.80 1,848.98 1,906.17 62
1,529.47 1,601.45 1,691.42 1,745.40 1,799.38
61
1,443.98 1,511.93 1,596.87 1,647.84 1,698.80
60
1,363.43 1,427.59 1,507.79 1,555.91 1,604.03 59
1,287.58 1,348.17 1,423.91 1,469.36 1,514.80
58
1,212.52 1,269.58 1,340.90 1,383.70 1,426.49 57
1,141.92 1,195.66 1,262.83 1,303.14 1,343.44
56
1,075.36 1,125.97 1,189.22 1,227.18 1,265.13
55
1,012.73 1,060.39 1,119.96 1,155.71 1,191.45 54
953.76 998.64 1,054.75 1,088.41 1,122.07
53
898.19 940.45 993.29 1,024.99 1,056.69 52
845.90 885.71 935.47 965.32 995.18
51
796.55 834.04 880.89 909.01 937.12
This schedule is applicable to positions established as having a 40 hour basic work week.
NOTE: All progressions shall be in accordance with Item 3 of Part A.
Compensation & Benefits
Effective: October 1, 2012
C-5
21
13
REGULAR EMPLOYEES
INERGI LP/POWER WORKERS' UNION COLLECTIVE AGREEMENT
SALARY SCHEDULE 21
BARGAINED RATE - WEEKLY SALARIED POSITIONS
DOLLARS PER WEEK
GRADE
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
68
2,223.28 2,327.90 2,458.68 2,537.15 2,615.62 67
2,097.43 2,196.14 2,319.52 2,393.54 2,467.57
66
1,978.94 2,072.06 2,188.47 2,258.32 2,328.16
65
1,867.31 1,955.18 2,065.02 2,130.93 2,196.83 64
1,762.19 1,845.11 1,948.77 2,010.97 2,073.16
63
1,663.18 1,741.45 1,839.28 1,897.98 1,956.68 62
1,570.00 1,643.88 1,736.24 1,791.65 1,847.06
61
1,482.25 1,552.00 1,639.19 1,691.51 1,743.82
60
1,399.56 1,465.42 1,547.75 1,597.14 1,646.54 59
1,321.70 1,383.90 1,461.64 1,508.29 1,554.94
58
1,244.65 1,303.22 1,376.43 1,420.36 1,464.29 57
1,172.18 1,227.35 1,296.30 1,337.67 1,379.04
56
1,103.86 1,155.81 1,220.74 1,259.70 1,298.66
55
1,039.57 1,088.49 1,149.64 1,186.33 1,223.02 54
979.03 1,025.10 1,082.69 1,117.25 1,151.80
53
921.99 965.37 1,019.61 1,052.15 1,084.69 52
868.32 909.18 960.26 990.90 1,021.55
51
817.66 856.14 904.23 933.09 961.95
This schedule is applicable to positions established as having a 40 hour basic work week.
NOTE: All progressions shall be in accordance with Item 3 of Part A.
Compensation & Benefits
Effective: October 1, 2013
C-6
21
14
REGULAR EMPLOYEES
INERGI LP/POWER WORKERS' UNION COLLECTIVE AGREEMENT
SALARY SCHEDULE 21
BARGAINED RATE - WEEKLY SALARIED POSITIONS
DOLLARS PER WEEK
GRADE
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
68
2,277.75 2,384.94 2,518.93 2,599.32 2,679.71 67
2,148.83 2,249.95 2,376.35 2,452.19 2,528.03
66
2,027.43 2,122.84 2,242.10 2,313.65 2,385.21
65
1,913.05 2,003.08 2,115.61 2,183.13 2,250.65 64
1,805.36 1,890.32 1,996.51 2,060.23 2,123.95
63
1,703.93 1,784.11 1,884.34 1,944.48 2,004.62 62
1,608.46 1,684.16 1,778.77 1,835.54 1,892.31
61
1,518.56 1,590.02 1,679.35 1,732.94 1,786.54
60
1,433.84 1,501.31 1,585.66 1,636.26 1,686.87 59
1,354.08 1,417.80 1,497.45 1,545.24 1,593.03
58
1,275.14 1,335.15 1,410.16 1,455.16 1,500.17 57
1,200.91 1,257.42 1,328.06 1,370.45 1,412.83
56
1,130.90 1,184.12 1,250.64 1,290.56 1,330.47
55
1,065.04 1,115.16 1,177.81 1,215.40 1,252.99 54
1,003.02 1,050.22 1,109.22 1,144.62 1,180.02
53
944.57 989.02 1,044.58 1,077.92 1,111.26 52
889.59 931.46 983.79 1,015.18 1,046.58
51
837.70 877.12 926.40 955.96 985.53
This schedule is applicable to positions established as having a 40 hour basic work week.
NOTE: All progressions shall be in accordance with Item 3 of Part A.
Compensation & Benefits
Effective: October 1, 2014
C-7
33
TEMPORARY EMPLOYEES 12
INERGI LP / POWER WORKERS' UNION COLLECTIVE AGREEMENT
SALARY SCHEDULE 33
BARGAINED RATE - WEEKLY SALARIED PWU - CLERICAL/TECHNICAL POSITIONS
DOLLARS PER WEEK
GRADE
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
68
1876.94 1965.27 2075.68 2141.92 2208.17 67
1770.69 1854.02 1958.18 2020.67 2083.17
66
1670.64 1749.26 1847.53 1906.50 1965.46
65
1576.44 1650.62 1743.35 1798.99 1854.63 64
1487.66 1557.67 1645.18 1697.68 1750.19
63
1404.08 1470.16 1552.75 1602.30 1651.86 62
1325.44 1387.81 1465.78 1512.56 1559.34
61
1251.31 1310.20 1383.80 1427.97 1472.13
60
1181.51 1237.11 1306.61 1348.31 1390.01 59
1115.80 1168.31 1233.95 1273.33 1312.71
58
1050.76 1100.21 1162.02 1199.10 1236.19 57
989.58 1036.15 1094.36 1129.28 1164.21
56
931.91 975.76 1030.58 1063.47 1096.36
55
877.62 918.92 970.54 1001.52 1032.49 54
826.51 865.41 914.03 943.20 972.37
53
778.35 814.98 860.77 888.24 915.71 52
733.05 767.54 810.67 836.54 862.41
51
690.29 722.77 763.37 787.74 812.10
This schedule is applicable to positions established as having a 35 or 37-1/2 hour basic work week.
NOTE: All progressions shall be in accordance with Item 3 of Part A.
Compensation & Benefits
Effective: October 1, 2012
C-8
33
TEMPORARY EMPLOYEES 13
INERGI LP / POWER WORKERS' UNION COLLECTIVE AGREEMENT
SALARY SCHEDULE 33
BARGAINED RATE - WEEKLY SALARIED PWU - CLERICAL/TECHNICAL POSITIONS
DOLLARS PER WEEK
GRADE
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
68
1,926.69 2,017.35 2,130.69 2,198.69 2,266.69 67
1,817.61 1,903.15 2,010.07 2,074.22 2,138.37
66
1,714.91 1,795.61 1,896.49 1,957.01 2,017.54
65
1,618.21 1,694.36 1,789.55 1,846.67 1,903.78 64
1,527.08 1,598.95 1,688.78 1,742.67 1,796.57
63
1,441.29 1,509.11 1,593.89 1,644.76 1,695.63 62
1,360.56 1,424.59 1,504.62 1,552.64 1,600.66
61
1,284.47 1,344.91 1,420.47 1,465.81 1,511.14
60
1,212.82 1,269.90 1,341.24 1,384.04 1,426.85 59
1,145.38 1,199.28 1,266.65 1,307.08 1,347.50
58
1,078.61 1,129.37 1,192.81 1,230.88 1,268.95 57
1,015.80 1,063.60 1,123.36 1,159.21 1,195.06
56
956.60 1,001.61 1,057.89 1,091.65 1,125.41
55
900.87 943.27 996.26 1,028.05 1,059.85 54
848.42 888.34 938.25 968.20 998.14
53
798.98 836.58 883.58 911.78 939.98 52
752.47 787.88 832.14 858.70 885.26
51
708.58 741.92 783.60 808.61 833.62
This schedule is applicable to positions established as having a 35 or 37-1/2 hour basic work week.
NOTE: All progressions shall be in accordance with Item 3 of Part A.
Compensation & Benefits
Effective: October 1, 2013
C-9
33
TEMPORARY EMPLOYEES 14
INERGI LP / POWER WORKERS' UNION COLLECTIVE AGREEMENT
SALARY SCHEDULE 33
BARGAINED RATE - WEEKLY SALARIED PWU - CLERICAL/TECHNICAL POSITIONS
DOLLARS PER WEEK
GRADE
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
68
1,973.89 2,066.78 2,182.89 2,252.55 2,322.22 67
1,862.15 1,949.78 2,059.31 2,125.04 2,190.76
66
1,756.92 1,839.60 1,942.95 2,004.96 2,066.97
65
1,657.86 1,735.87 1,833.39 1,891.91 1,950.42 64
1,564.49 1,638.12 1,730.15 1,785.36 1,840.58
63
1,476.60 1,546.09 1,632.95 1,685.06 1,737.18 62
1,393.90 1,459.49 1,541.49 1,590.68 1,639.88
61
1,315.94 1,377.87 1,455.28 1,501.72 1,548.17
60
1,242.53 1,301.00 1,374.09 1,417.95 1,461.80 59
1,173.43 1,228.65 1,297.68 1,339.09 1,380.51
58
1,105.03 1,157.04 1,222.04 1,261.04 1,300.04 57
1,040.69 1,089.66 1,150.88 1,187.61 1,224.34
56
980.04 1,026.16 1,083.81 1,118.40 1,152.99
55
922.94 966.37 1,020.66 1,053.24 1,085.81 54
869.20 910.11 961.23 991.91 1,022.59
53
818.56 857.08 905.23 934.12 963.01 52
770.91 807.19 852.53 879.74 906.95
51
725.93 760.10 802.80 828.42 854.04
This schedule is applicable to positions established as having a 35 or 37-1/2 hour basic work week.
NOTE: All progressions shall be in accordance with Item 3 of Part A.
Compensation & Benefits
Effective: October 1, 2014
C-10
34
TEMPORARY EMPLOYEES
12 INERGI LP / POWER WORKERS' UNION COLLECTIVE AGREEMENT
SALARY SCHEDULE 34
BARGAINED RATE - WEEKLY SALARIED POSITIONS
DOLLARS PER WEEK
GRADE
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
68
2,145.05 2,246.00 2,372.17 2,447.88 2,523.59 67
2,023.65 2,118.89 2,237.92 2,309.35 2,380.77
66
1,909.31 1,999.16 2,111.48 2,178.86 2,246.25
65
1,801.63 1,886.41 1,992.39 2,055.97 2,119.56 64
1,700.20 1,780.20 1,880.22 1,940.22 2,000.23
63
1,604.67 1,680.19 1,774.58 1,831.21 1,887.85 62
1,514.78 1,586.06 1,675.16 1,728.63 1,782.09
61
1,430.09 1,497.39 1,581.51 1,631.99 1,682.46
60
1,350.30 1,413.85 1,493.27 1,540.93 1,588.59 59
1,275.20 1,335.20 1,410.22 1,455.22 1,500.23
58
1,200.85 1,257.37 1,328.00 1,370.39 1,412.77 57
1,130.94 1,184.16 1,250.69 1,290.60 1,330.52
56
1,065.02 1,115.14 1,177.79 1,215.38 1,252.97
55
1,003.00 1,050.20 1,109.20 1,144.60 1,180.00 54
944.60 989.05 1,044.61 1,077.95 1,111.29
53
889.54 931.40 983.73 1,015.12 1,046.52 52
837.77 877.19 926.47 956.04 985.61
51
788.89 826.02 872.42 900.27 928.11
This schedule is applicable to positions established as having a 40 hour basic work week.
NOTE: All progressions shall be in accordance with Item 3 of Part A.
Compensation & Benefits
Effective: October 1, 2012
C-11
34
TEMPORARY EMPLOYEES
13 INERGI LP / POWER WORKERS' UNION COLLECTIVE AGREEMENT
SALARY SCHEDULE 34
BARGAINED RATE - WEEKLY SALARIED POSITIONS
DOLLARS PER WEEK
GRADE
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
68
2,201.90 2,305.52 2,435.04 2,512.76 2,590.47 67
2,077.28 2,175.04 2,297.23 2,370.54 2,443.86
66
1,959.91 2,052.14 2,167.43 2,236.61 2,305.78
65
1,849.37 1,936.40 2,045.19 2,110.46 2,175.73 64
1,745.25 1,827.38 1,930.05 1,991.64 2,053.24
63
1,647.20 1,724.71 1,821.61 1,879.74 1,937.88 62
1,554.92 1,628.09 1,719.56 1,774.44 1,829.32
61
1,467.99 1,537.07 1,623.43 1,675.24 1,727.05
60
1,386.09 1,451.31 1,532.85 1,581.77 1,630.69 59
1,308.99 1,370.59 1,447.59 1,493.79 1,539.99
58
1,232.68 1,290.69 1,363.20 1,406.70 1,450.21 57
1,160.91 1,215.54 1,283.83 1,324.81 1,365.78
56
1,093.24 1,144.69 1,209.00 1,247.58 1,286.17
55
1,029.58 1,078.03 1,138.59 1,174.93 1,211.27 54
969.63 1,015.26 1,072.30 1,106.52 1,140.74
53
913.11 956.08 1,009.80 1,042.02 1,074.25 52
859.97 900.44 951.03 981.38 1,011.73
51
809.80 847.90 895.54 924.12 952.70
This schedule is applicable to positions established as having a 40 hour basic work week.
NOTE: All progressions shall be in accordance with Item 3 of Part A.
Compensation & Benefits
Effective: October 1, 2013
C-12
34
TEMPORARY EMPLOYEES
14 INERGI LP / POWER WORKERS' UNION COLLECTIVE AGREEMENT
SALARY SCHEDULE 34
BARGAINED RATE - WEEKLY SALARIED POSITIONS
DOLLARS PER WEEK
GRADE
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
68
2,256.95 2,363.15 2,495.92 2,575.57 2,655.23 67
2,129.22 2,229.41 2,354.66 2,429.81 2,504.96
66
2,008.91 2,103.44 2,221.61 2,292.52 2,363.42
65
1,895.60 1,984.81 2,096.31 2,163.22 2,230.12 64
1,788.88 1,873.07 1,978.30 2,041.43 2,104.57
63
1,688.38 1,767.83 1,867.15 1,926.74 1,986.33 62
1,593.79 1,668.79 1,762.55 1,818.80 1,875.05
61
1,504.70 1,575.50 1,664.02 1,717.12 1,770.23
60
1,420.74 1,487.60 1,571.17 1,621.32 1,671.46 59
1,341.72 1,404.86 1,483.78 1,531.14 1,578.49
58
1,263.50 1,322.96 1,397.28 1,441.88 1,486.47 57
1,189.93 1,245.93 1,315.92 1,357.92 1,399.92
56
1,120.57 1,173.30 1,239.22 1,278.77 1,318.32
55
1,055.32 1,104.98 1,167.06 1,204.30 1,241.55 54
993.87 1,040.64 1,099.10 1,134.18 1,169.26
53
935.94 979.99 1,035.04 1,068.08 1,101.11 52
881.47 922.95 974.80 1,005.91 1,037.02
51
830.04 869.10 917.93 947.22 976.52
This schedule is applicable to positions established as having a 40 hour basic work week.
NOTE: All progressions shall be in accordance with Item 3 of Part A.
Compensation & Benefits
Effective: October 1, 2014
C-13
86
12
Grade Step 1 Step 2 Step 3 Step 4
COMMUNITY COLLEGE STUDENTS 1st year 2nd year 3rd year
Interstep Differential (A) = 40.49
21 Group 2 - Community College and
Polytechnical 712.65 793.63 874.61
1st or
2nd Term 3rd Term 4th Term 5th Term
22
Group 3 - Community College and
Polytechnical Co-Op Programs 712.65 753.14 834.12 874.61
Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Interstep Differential (B) = 65.16
UNIVERSITY STUDENTS 1st year 2nd year 3rd year 4th year
31 Group 4 - University 744.29 874.61 1004.93 1135.25
1st or
2nd Term 3rd Term 4th Term 5th Term 6th Term 7th Term
4 or 8 mo 12 mo 16 mo 20 mo 24 mo 28 mo
32 Group 5 - University Co-Op Programs 744.29 809.45 939.77 1004.93 1070.10 1135.25
NOTES:
1. This schedule is applicable to positions established as having a 35, 37-1/2, or 40-hour basic work week.
2. Appropriate experience (other than previous summer work) can justify a higher rate than the academic year of the student in question.
3. Students will normally be required to join the PWU within 15 days.
4.
4.1 Students who are hired into an hourly-rated position will be paid the applicable hourly rate.
4.2
5. Allowance will be paid to a summer student in accordance with the normal practice for the setting in which the student works.
Compensation & Benefits
Effective: October 1, 2012
The grade and corresponding rate paid to the student is based on the academic term that the student has successfully completed, rather
When a student is placed in a Clerical-Technical position for which a wage or salary grade has been established, the student shall be paid the rate for
INERGI LP/POWER WORKERS' UNION COLLECTIVE AGREEMENT
SALARY SCHEDULE 86
UNDERGRADUATE UNIVERSITY, COMMUNITY COLLEGE
AND ASSOCIATED CO-OP PROGRAMS
DOLLARS PER WEEK
C-14
86
13
Grade Step 1 Step 2 Step 3 Step 4
COMMUNITY
COLLEGE STUDENTS 1st year 2nd year 3rd year
Interstep Differential (A) = 41.56
21 Group 2 - Community
College and
Polytechnical 731.54 814.66 897.79
1st or
2nd Term 3rd Term 4th Term 5th Term
22
Group 3 - Community
College and
Polytechnical Co-Op
Programs 731.54 773.10 856.22 897.79
Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Interstep Differential (B) = 66.89
UNIVERSITY STUDENTS1st year 2nd year 3rd year 4th year
31 Group 4 - University 764.01 897.79 1031.57 1165.35
1st or
2nd Term 3rd Term 4th Term 5th Term 6th Term 7th Term
4 or 8 mo 12 mo 16 mo 20 mo 24 mo 28 mo
32 Group 5 - University Co-
Op Programs 764.01 830.90 964.68 1031.57 1098.46 1165.35
NOTES:
1. This schedule is applicable to positions established as having a 35, 37-1/2, or 40-hour basic work week.
2. Appropriate experience (other than previous summer work) can justify a higher rate than the academic year of the student in question.
3. Students will normally be required to join the PWU within 15 days.
4.
4.1 Students who are hired into an hourly-rated position will be paid the applicable hourly rate.
4.2
5. Allowance will be paid to a summer student in accordance with the normal practice for the setting in which the student works.
Compensation & Benefits
Effective: October 1, 2013
The grade and corresponding rate paid to the student is based on the academic term that the student has successfully
When a student is placed in a Clerical-Technical position for which a wage or salary grade has been established, the student shall
INERGI LP/POWER WORKERS' UNION COLLECTIVE AGREEMENT
SALARY SCHEDULE 86
UNDERGRADUATE UNIVERSITY, COMMUNITY COLLEGE
AND ASSOCIATED CO-OP PROGRAMS
DOLLARS PER WEEK
C-15
86
14
Grade Step 1 Step 2 Step 3 Step 4
COMMUNITY
COLLEGE STUDENTS
1st year 2nd year 3rd year
Interstep Differential (A) = 42.60
21 Group 2 - Community
College and
Polytechnical 749.83 835.03 920.23
1st or
2nd Term 3rd Term 4th Term 5th Term
22
Group 3 - Community
College and
Polytechnical Co-Op
Programs 749.83 792.43 877.63 920.23
Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Interstep Differential (B) = 68.56
UNIVERSITY STUDENTS1st year 2nd year 3rd year 4th year
31 Group 4 - University 783.11 920.23 1057.35 1194.47
1st or
2nd Term 3rd Term 4th Term 5th Term 6th Term 7th Term
4 or 8 mo 12 mo 16 mo 20 mo 24 mo 28 mo
32 Group 5 - University Co-
Op Programs 783.11 851.67 988.79 1057.35 1125.92 1194.47
NOTES:
1. This schedule is applicable to positions established as having a 35, 37-1/2, or 40-hour basic work week.
2. Appropriate experience (other than previous summer work) can justify a higher rate than the academic year of the student in question.
3. Students will normally be required to join the PWU within 15 days.
4.
4.1 Students who are hired into an hourly-rated position will be paid the applicable hourly rate.
4.2
5. Allowance will be paid to a summer student in accordance with the normal practice for the setting in which the student works.
Compensation & Benefits
Effective: October 1, 2014
The grade and corresponding rate paid to the student is based on the academic term that the student has successfully
When a student is placed in a Clerical-Technical position for which a wage or salary grade has been established, the student shall
INERGI LP/POWER WORKERS' UNION COLLECTIVE AGREEMENT
SALARY SCHEDULE 86
UNDERGRADUATE UNIVERSITY, COMMUNITY COLLEGE
AND ASSOCIATED CO-OP PROGRAMS
DOLLARS PER WEEK
C-16
87
12
INERGI LP / POWER WORKERS' UNION COLLECTIVE AGREEMENT SALARY SCHEDULE 87 SUMMER STUDENTS
DOLLARS PER WEEK
GRADE
STEP 1
01 1st year of employment 577.81
02 2nd year of employment 625.97
NOTES: Summer students on this schedule will work 35 hours per week.
Within Part C summer students can perform the duties up to and including the full Grade 53 job document.
Compensation & Benefits
Effective: October 1, 2012
C-17
87
13
INERGI LP / POWER WORKERS' UNION COLLECTIVE AGREEMENT
SALARY SCHEDULE 87
SUMMER STUDENTS
DOLLARS PER WEEK
GRADE
STEP 1
01 1st year of employment 593.12
02 2nd year of employment 642.56
NOTES: Summer students on this schedule will work 35 hours per week.
Within Part C summer students can perform the duties up to and including the full Grade 53 job document.
Compensation & Benefits
Effective: October 1, 2013
C-18
87
14
INERGI LP / POWER WORKERS' UNION COLLECTIVE AGREEMENT
SALARY SCHEDULE 87
SUMMER STUDENTS
DOLLARS PER WEEK
GRADE
STEP 1
01 1st year of employment 607.95
02 2nd year of employment 658.62
NOTES: Summer students on this schedule will work 35 hours per week.
Within Part C summer students can perform the duties up to and including the full Grade 53 job document.
Compensation & Benefits
Effective: October 1, 2014
AP-1
APPENDIX “A”
for Construction and Supplementary Maintenance
made and entered into
BETWEEN
INERGI LP
(the “Employer”)
and
POWER WORKERS’ UNION (PWU)
(hereinafter called the "Union")
AP-2
Index
Inergi LP/Power Workers’ Union Appendix
Title Page
Section 1 ............................................. Preamble ................................................................ 3
Section 2 .................................... Scope of Agreement ....................................................... 3
Section 3 ................................... Mid-Term Agreement ..................................................... 5
Section 4 ...................................... Work Assignment ........................................................ 5
Section 5 ........................ Union Rights and Representatives .......................................... 6
Section 6 .................................. Employee Designation ..................................................... 8
Section 7 ........................................ Union Security ........................................................... 9
Section 8 ............................ Employment Practices/Hiring ............................................ 10
Section 9 ......................................... Hours of Work ......................................................... 18
Section 10 ............................. Wages and Pay Procedure................................................ 23
Section 11 ............................. Union and Benefit Funds ................................................ 26
Section 12 .................. Travel and Room and Board Allowance .................................... 27
Section 13 ................................... Tools and Clothing ...................................................... 32
Section 14 ........................... Grievances and Arbitrations ............................................. 34
Section 15 ......................................... Committees ............................................................ 35
Section 16 ................................. Lunchroom Facilities .................................................... 37
Section 17 ................... Pregnancy/Parental/Adoption Leaves ...................................... 37
Section 18 ................................ Selection to Vacancies ................................................... 38
Principles Related to Apprenticeship Program ...................................... 39
. ............................................................ Tool List ........................................................... 40
Letters of Understanding ...................................................... 42
AP-3
SECTION 1 PREAMBLE
100 WHEREAS the Union, as defined in the covering page of this
Collective Agreement, has in its membership competent, skilled
and qualified workers to perform the work coming within scope of
this Agreement; and
WHEREAS Inergi LP and the Union desire to mutually establish
and stabilize wages, hours and working conditions for all
employees of Inergi LP performing construction and
supplementary maintenance work and further, to encourage
closer co-operation and understanding between Inergi LP and the
Union to the end that a satisfactory, continuous and harmonious
relationship will exist between the parties to this Agreement.
NOW THEREFORE, the Company and the Union mutually agree
that the working conditions as set out below shall be applicable to
these employees of Inergi LP. All negotiated wage increases will
apply to the classifications and allowances in Appendix A.
SECTION 2 SCOPE OF AGREEMENT
200 A. Inergi LP recognizes the Union as the sole bargaining agent
for all employees who perform construction and
maintenance work save and except that work which is
performed by other unions within the scope clauses of their
current Collective Agreements with Inergi LP.
B. This section applies to all work as defined in A. above save
and except that work which is performed by PWU regular
employees as defined in the main Agreement and shall
include the following classifications:
Electrician Journeyperson including senior forepersons,
forepersons and sub-forepersons
Electrician Apprentice
Electrical Forester - Journeyperson including senior
foreperson, forepersons and sub-forepersons
Electrical Forester - Apprentice
Electrical Forester - Skidder Operator, including senior
foreperson, forepersons and sub-forepersons
Electrical Forester – Labourer including senior foreperson,
AP-4
forepersons and sub-forepersons
Linepersons (formerly lineman) including senior
forepersons, forepersons and sub-forepersons
Line Apprentice
Communication Electrician including senior foreperson,
forepersons and sub-forepersons
Mechanical Trades Persons including senior foreperson,
forepersons and sub-forepersons
Mechanical Trade Apprentice
Civil Trade Apprentice
Civil Trades Persons including senior forepersons,
forepersons and sub-forepersons
General Helper
Meter Reader
Such other classifications subsequently agreed to by the
parties.
An employee of any classification required to operate
vehicles or work equipment shall have a current license as
required by provincial legislation.
Additional Classifications:
On the request of the Inergi LP Vice-President Labour
Relations, Compensation and Benefits or the PWU Sector
Vice-President, the parties will meet to discuss the merits
of adding any new classifications.
The parties will consider adding a classification when:
1. Work is required in the classification;
2. Regular employees are not available to perform the
work; and
3. The work is not ongoing in nature.
Nothing in this clause limits the current right of Inergi LP
to hire temporary employees in those classifications not
included in Appendix “A”.
C. The Union recognizes Inergi LP as the exclusive employer
agency for this Agreement, and in all matters pertaining to
the administration of this Agreement.
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D. The term "employee" refers to all casual employees of the
Employer in the classifications as set out in Item B above.
E. A sub-foreperson is an individual who exercises some
supervisory responsibility and may use the tools of the
trade.
F. The term "Employer" shall mean Inergi LP.
201 A. This Agreement shall be deemed to include any additional
Appendix and/or wage schedule added, as the said
appendices and/or wage schedules may be revised by Inergi
LP and the Union by mutual agreement, from time to time.
202 Geographic Jurisdiction
A. The jurisdiction of the Union is all of Inergi LP.
SECTION 3 MID-TERM AGREEMENT
302 A. This Agreement shall be subject to amendment at any time
by mutual consent of the parties hereto.
SECTION 4 WORK ASSIGNMENT
400 A. No Construction and/or supplementary maintenance work
for Network Services shall be contracted or subcontracted
except where Network Services does not normally perform
the work of the Mechanical and/or Civil Trades, such work
may be contracted or subcontracted.
B. Inergi LP will provide notice to the Union as far in advance
as possible of all new work coming under the scope of this
Appendix and all related contracted or subcontracted work.
C. The jurisdiction of the Union shall be as described in
Section 2 of this Appendix.
D. The jurisdiction of each classification shall be established
by the Union.
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SECTION 5 UNION RIGHTS AND REPRESENTATIVES
501 A. The Union will designate Union representatives as
Accredited Union Representatives to handle the day-to-day
administration of this Agreement. The Union will notify
Inergi LP Management in writing of the names of such
Union representatives, or alternates in the event of illness
or unavailability, so that they may be issued identification
cards to permit entry to work locations. Upon entering the
work location, such representatives after identifying
themselves to the Inergi LP representative will be free to
observe the progress and conduct of the work and to
conduct normal Union business associated with the
administration of this Collective Agreement. The Union
undertakes that these representatives will not unduly
interfere in any way with said work.
502 A. The Union reserves the right to appoint or remove any
Steward or Senior Steward on any worksite where workers
are employed under the terms of this Agreement. If a
Steward is transferred to another worksite, and they will
continue to be recognized as a Steward unless there is
another Steward on that site. In such cases, the
transferred Steward will not be recognized unless the
Employer is notified by the Union.
B. The Inergi LP Representative shall be notified in writing
when a Steward or Senior Steward is appointed and when
such Stewards cease to act as Stewards.
C. The Steward will be responsible for his/her regularly
assigned work on behalf of his/her Employer.
D. Such Stewards shall be allowed sufficient time to see that
the provisions of this Agreement are observed.
E. No Steward shall be discriminated against by the Employer
because of the performance of their duties as a Steward.
F. Provided he/she is qualified to do the work, a Steward who
is working at a worksite where overtime is being worked
shall be given the first opportunity to work on that
overtime work.
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Provided he/she is qualified to do the work, a Steward who
is working in a work group where overtime is being worked
on Saturdays, Sundays or Recognized Holidays shall be
given the first opportunity to work.
G. Where appropriate as decided by the Union and where
more than one (1) Steward is required, one (1) Steward
shall be appointed Senior Steward.
H. The Senior Steward, providing he/she is qualified to
perform the work, shall not have their employment
terminated or be transferred without the consent of the
Accredited Union Representative until as near as possible
to the completion of the job, unless with just cause. Where
an Employer has only one (1) Steward appointed for a job,
such Steward will receive the same consideration given a
Senior Steward as noted above.
I. The Employer shall notify the Union prior to transferring a
Steward to another Superintendent.
503 A. Any worker acting as the designated or certified Health and
Safety representative or alternate as defined by the
Occupational Health and Safety Act shall be treated the
same as Senior Stewards for purposes of layoff. Providing
he/she is qualified to perform the remaining work, the
designated certified Health and Safety representative or
certified alternate shall be the last to be laid off prior to the
Senior Steward.
B. If Management feels that any Health and Safety
representative is not discharging his/her health and safety
duties in a manner that follows the intent and spirit of the
legislation, the Employer may refer the issue to the Joint
Committee referred to in Section 15 for resolution. If the
matter cannot be resolved by the Joint Committee, the
grievance procedure may be invoked.
SECTION 6 EMPLOYEE DESIGNATION
600 A. It is understood that senior forepersons, forepersons and
sub-forepersons hold responsible positions in the
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relationship between the Employer and the Union. Both
parties agree that every effort should be made to recruit
and retain senior forepersons, forepersons and sub-
forepersons who have a high degree of efficiency in the
performance of their jobs and in the handling of their
workers. Recognizing the responsibilities involved in
performing supervisory duties and being a member of the
Union, the Employer and the Union will make every effort
to minimize problems that may arise which concern the
relationship between the foreperson, senior forepersons and
sub-forepersons, the Employer, and the Union.
B. The parties recognize the responsibilities of senior
forepersons and forepersons to discharge their supervisory
duties. If the Union feels that the senior foreperson and
foreperson is not discharging his/her supervisory duties in a
manner that is fair and equitable, or if an Employer feels
that the Union is interfering with the senior foreperson or
foreperson in the performance of his/her supervisory duties,
the Employer or the Union may refer the problem to the
Joint Committee referred to in Section 15 - Committees,
Subsection 1500 - Joint Committee, for resolution. If the
matter cannot be resolved by the Joint Committee, the
grievance procedure may be invoked by either party.
C. The selection of forepersons will be the responsibility of the
Employer and done by name hiring from Union members.
When making appointments to the foreperson and sub-
foreperson levels, the Employer will give consideration to
those PWU members presently employed pursuant to this
Appendix however this does not create an obligation to
make an appointment of a foreperson from these
employees. The retention of forepersons will be the
exclusive right of the Employers.
D. Such forepersons and sub-forepersons shall be members of
the PWU and shall register at the Union Office be issued
with clearance cards. If clearance has not been provided
within three (3) working days the Employer may proceed
with the employment of the foreperson unless the
employee’s Union dues are in arrears.
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E. In the interest of efficiency and productivity, the Employer
shall have the right to move forepersons and sub-
forepersons from worksite to worksite.
F. The senior forepersons differential shall be fifteen percent
(15%) above the journeyperson rate differential as set out in
the existing wage schedule. The senior foreperson has
responsibilities over and above the forepersons, e.g.,
multiple crews. The foreperson's differential shall be
twelve percent (12%) above the journeyperson rate
differential as set out in the existing wage schedules. The
sub-foreperson's differential shall be six percent (6%) above
the journeyperson rate differential as set out in the existing
wage schedules. The rates of pay for all forepersons and
sub-forepersons covered by this Agreement will be set forth
in the current wage schedules. Inergi LP will provide the
Union with current wage schedules.
G. PWU members acting as a General Foreperson for periods
of less than three (3) months shall be members of the
Union.
H. Persons appointed to foreperson and senior forepersons
positions will be provided supervisory training, prior to
appointment, when possible.
I. Forepersons may be required to work the tools when the
crew size is five (5) or less including the foreperson.
J. Employees employed under this Appendix shall work in
separate crews with separate Union Supervision unless
mutually agreed upon otherwise by Management and the
PWU Sector Vice-President.
SECTION 7 UNION SECURITY
700 A. All employees falling under the scope of this Agreement
will be members or will apply for membership in the PWU
within fifteen (15) calendar days, and will maintain such
membership in good standing in the Union as a condition of
employment. The Employer will co-operate with the Union
but bears no responsibility for policing membership status.
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SECTION 8 EMPLOYMENT PRACTICES/HIRING
800 A. A contact person will be designated by Inergi LP for the
purpose of co-ordinating employment as specified in this
Section.
B. Inergi LP and the Union will exchange the names of their
representatives who will be responsible for co-operating in
the referral and employment of reliable and competent
Union members.
C. Inergi LP will notify the Union of future staffing
requirements for all employees coming within the scope of
this Agreement.
D. The Union will co-operate with the Employer and advise
the Inergi LP contact person of the name, address and
telephone number of those being referred as soon as it is
known and before the employee commences work.
E. The Union will review the job description and Physical
Demands Analysis (PDA) with potential employees prior to
referral to Inergi LP. The employee will be expected to sign
off the job description and PDA on hire.
F. The Union will direct members to provide, at hiring, all
applicable licenses and certificates.
801 A. The employment of workers shall be carried out on the
following basis and sequence:
(i) Such workers shall not be employed unless they are
in possession of a clearance card from the Union
office.
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(ii) If the Union is unable to furnish appropriately
qualified or certified members or non-member
(permit holders) workers to the Employer within
three (3) working days of the time the Union office
receives the request for workers (excepting
Saturdays, Sundays, and Holidays), the Employer
shall be afforded the right to employ workers (permit
holders) as are available. The Union will issue
clearance cards to workers hired in these
circumstances. Non-members referred in this
situation will be considered permit holders and the
Union will notify the Employer when permit holders
are referred.
Permit holders by classification may be replaced by
Union members after three (3) working days' notice
to the Employer but in no case until such permit
holders have worked a minimum of one (1) month.
802 A. When unable to proceed with work, an Employer may elect
to either layoff or standoff part or all of his/her crew.
In all cases of layoff the Employer shall layoff its employees
within the classification in the following sequence:
(i) permit holders;
(ii) Union members.
B. The purpose of this Section is to ensure fair and equitable
treatment of employees in the event of reductions in the
work force while, at the same time, allowing the Employer
to direct and deploy the work force. Nothing in this Section
restricts the Employer's right to transfer employees to meet
work demands.
(i) The retention of employees who are members of the
Union and covered by this Agreement in the
Employer's service shall be governed by this Section.
(ii) For the purposes of this Section, there shall be the
following classifications of employees:
Electrician Journeyperson including senior
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foreperson, forepersons and sub-forepersons
Electrician Apprentice
Electrical Forester - Journeyperson including senior
foreperson, forepersons and sub-forepersons
Electrical Forester - Apprentice
Electrical Forester - Skidder Operator, including
senior foreperson, forepersons and sub-forepersons
Electrical Forester - Labourer including senior
foreperson, forepersons and sub-forepersons
Linepersons (formerly lineman) including senior
foreperson, forepersons and sub-forepersons
Line Apprentice
Communication Electrician including senior
foreperson, forepersons and sub-forepersons
Mechanical Trades Persons including senior
foreperson, forepersons and sub-forepersons
Mechanical Trade Apprentice
Civil Trade Apprentice
Civil Trades Persons including senior foreperson,
forepersons and sub-forepersons
General Helper
Meter Reader
Such other classifications subsequently agreed to by
the parties in Section 2.
(iii) Employees to be retained must have the necessary
qualifications skills and ability to satisfactorily
perform the work to be done.
(iv) Seniority as used in this Section is based on the
employee's Established Commencement Date (ECD).
(v) In the event of a reduction of staff (excluding
standoffs) and subject to (iii) and (iv) above,
employees who are not members of Union shall be
laid off prior to employees who are members of
Union. Employees who are not members of Union
shall not be subject to the conditions contained in (vi)
below.
(vi) Subject to (iii) and (iv) above, the following
conditions shall apply:
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(a) In the event of a reduction of staff (excluding
standoffs), the Employer will identify which of
the classifications listed in (ii) will be affected.
(b) In the event of a reduction of staff (excluding
standoffs), employment retention by seniority
shall be as follows:
0 to nine (9) months No Seniority
Nine (9) months to Seniority by Geographic Territory
five (5) years (Southwestern, Central, Eastern,
Northeastern and Northwestern)
Over five (5) years Seniority Province-wide
* When relocating employees as a result of the application of this Section, the
Employer shall provide transportation or pay the equivalent of the cost of public
transportation or mileage, whichever is deemed appropriate by the Employer, for the
initial trip to the new work location from the employee's most recent work location.
The Employer shall also pay travelling time at the appropriate straight time rate up
to a maximum of eight (8) hours per day.
(vii) In cases involving reduction of staff, an employee will
not lose their service credit unless he/she has a break
in service of greater than six (6) months. An
employee terminated for any of the following reasons
will not lose their service credit unless he/she has a
break in service of greater than three (3) months:
(a) discharge for cause;
(b) voluntary termination;
(c) layoff necessitated by refusal to accept a
transfer resulting from the implementation of
the Seniority Clause.
C. Standoff
(i) Standoff is a mechanism to be utilized for short
durations by the Employer, when work is delayed,
e.g., spring break-up (1/2 load season) material
shortages, outages and release of scheduled work.
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The standoff process is not intended to circumvent
the Layoff procedure.
(ii) If the Employer elects standoff, it reserves the right
to standoff its employees including Stewards without
pay up to a maximum of fifteen (15) consecutive
working days. No daily travel or room and board
allowance will be paid to an employee for a standoff
period. Senior Stewards shall only be placed on
standoff when all others in the work group are on
standoff.
(iii) If standoff continues beyond fifteen (15) consecutive
working days, an employee, at his/her option, may
elect to remain on standoff up to a maximum of forty-
five (45) days or be removed from standoff at any
time during that forty-five (45) days.
(iv) An employee who elects to remain on standoff shall
be issued a Record of Employment Form indicating
"standoff - lack of work" dating back to his/her first
day on standoff.
(v) If an employee elects layoff, it shall be carried out in
accordance with the terms of Subsection 802, Item A
and B. Where appropriate, an employee laid off will
be issued a Record of Employment Form indicating
"layoff - shortage of work" dating back to his/her first
day on standoff.
(vi) No employee shall be placed on standoff more than
twice annually, in a calendar year (January 1st to
December 31st), unless additional standoff(s) is
agreed to by the employee.
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803 A. Transfer of Employees
(i) The Employer reserves the right to transfer
employees to meet its needs, having regard for the
special requirements of the work. The Employer
shall provide transportation or pay the cost of public
transportation or pay mileage at forty-one cents
($0.41) (forty-two cents ($0.42) effective October 1,
2008) per kilometre whichever is deemed appropriate
by the Employer, for the initial trip to the new work
location from the employee's most recent work
location. The Employer shall also pay travelling
time at the appropriate straight time rate up to a
maximum of eight (8) hours per day.
(ii) The Employer will make every reasonable effort to
transfer employees as near as possible to their
regular residence as the work permits.
(iii) Employees who are receiving subsistence allowance
shall be notified of all potential transfers or layoffs
no later than Thursday of the previous week when
possible.
B. Transfer Line Work
(i) When making decisions regarding the transfer of
individual employees or crews for line work, the
Employer shall adhere to the transfer process
detailed in Subsections C and D, subject to the
following exclusions from application:
(a) Transfers within a Superintendent's
jurisdiction.
(b) Individual employees and crews with
specialized skills.
(c) Forepersons.
(d) Apprentice in conjunction with the mandate of
the Joint Apprenticeship Council on transfers.
C. Individual Transfers
(i) Prior to implementing any transfers of individual
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employees for line work, the Employer shall identify
the work location requiring additional staff and the
work location with staff available for transfer. The
Employer shall first attempt to satisfy a requirement
for additional staff by considering any outstanding
requests for transfers which are on file and
requesting volunteers from the work location with
available staff.
(ii) If there is an insufficient number of volunteers to
meet requirements, the Employer shall request
additional volunteers from the "Work Group"
covering the above work location.
(iii) Volunteers from the appropriate classification will be
transferred to meet requirements.
(iv) If after soliciting volunteers through steps (i) and (ii)
there are still insufficient volunteers, then the most
junior person in the appropriate classification within
the "Work Group" will be transferred.
D. Crew Transfers
(i) Crew transfers to another work group will be of a
temporary nature and last no more than six (6)
weeks in duration. Subject to the approval by the
Union, crew transfers may be extended beyond six
(6) weeks in duration.
(ii) Prior to selecting the crew(s) to transfer for line
work, the Employer will identify the location
requiring the additional crew(s) and the work
location having the available crew(s) for transfer.
E. Transfer for Other Than Line Work
(i) When making decisions regarding the transfer of
employees for other than line work the Employer
shall adhere to the transfer process detailed in
Subsection (ii), subject to the following exclusions
from application:
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(a) Transfers within a Superintendent's
jurisdiction.
(b) Individual employees with specialized skills.
(c) Foreperson.
(d) Apprentices in conjunction with the mandate
of the Joint Apprenticeship Council on
transfers.
(ii) Transfers
(a) Prior to implementing any transfers for other
than line work, the Employer shall identify
the work location requiring additional staff
and the Superintendent with staff available
for transfer. The Employer shall first attempt
to satisfy a requirement for additional staff by
considering requests for transfers from
volunteers.
(b) If there is an insufficient number of volunteers
to meet requirements, the Employer will select
the most junior person in the appropriate
classification under the Superintendent to be
transferred.
(c) Exception: When the Superintendent has
responsibility for an unusually large
geographic area, the work group may be split
into sub-groups by mutual agreement of the
parties and the Employer will transfer the
most junior person from the appropriate
classification within the "sub-group". It is
agreed that the current geographic area of the
Superintendent in the North falls under this
exception rule.
F. The Employer reserves the right to transfer employees
between all construction sectors to meet its needs.
804 A. The designated certified Health and Safety Representative
and certified Health and Safety alternate, Joint Health and
Safety Committee members, Health and Safety
Representatives, and Union Safety Representative shall be
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excluded from the transfer provisions. These individuals
will be transferred by joint agreement of the
Superintendent and the Accredited Union Representative
based on the overall health, safety and efficiency needs of
both parties.
SECTION 9 HOURS OF WORK
900 A. The normal weekly hours of work for all employees of
Employers covered by this Agreement shall be forty (40).
The weekly hours shall be:
(i) worked in five (5) days of eight (8) hours each,
Monday to Friday inclusive, or
(ii) the weekly hours of work (Monday to Friday
inclusive) for all employees may be arrived at by
having the employees work four (4) consecutive ten
(10) hour shifts or by having the employees work five
(5) consecutive eight (8) hour shifts. Weekly hours
will be established for a minimum period of thirty
(30) days. Fifteen (15) days written notice shall be
sent to the local Union prior to a change in weekly
hours.
901 The normal daily hours, as provided for in Subsection 900, Item A,
are to be worked between 7:00 am and 6:00 pm.
902 A. (i) For employees working normal hours on a five (5)
day work week, a fifteen (15) minute rest period will
be allotted, at the time directed by the Employer, for
each half shift worked.
(ii) For employees working normal hours on a four (4)
day work week, a fifteen (15) minute rest period will
be allotted, at the time directed by the Employer, for
each half shift worked.
B. For employees required to work overtime, a ten (10) minute
rest period will be allotted prior to the end of the normal
shift before commencing overtime work.
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C. For employees working overtime, a fifteen (15) minute rest
period will be allotted, at the time directed by the
Employer, after each two (2) hours of overtime worked.
D. A thirty (30) minute lunch break shall be provided at a time
established by the Employer.
903 A. An employee who reports for work, unless directed not to
report the previous day by the Employer, shall receive a
minimum of two (2) hours' pay plus the appropriate daily
travel or board allowance at the applicable rate when
he/she reports for work but is unable to commence or
continue to work because of circumstances beyond his/her
control. An employee will not receive this allowance if
unable to complete the shift as a result of inclement
weather.
B. Notwithstanding Subsection 903, Item A above, when an
Employer considers it necessary to shut down a job to avoid
the possible loss of human life, because of an emergency
situation that could endanger the life and safety of an
employee, in such cases, employees will be compensated for
the actual time worked plus applicable travel or board
allowance.
904 A. An employee who reports for work at the beginning of a
shift and is unable to commence work due to inclement
weather will receive four (4) hours' pay at the applicable
rate. To qualify, the employee must remain at a protected
place or area as designated by the Employer for four (4)
hours unless excused by an authorized representative of the
Employer.
B. An employee who reports for and commences work but is
unable to continue work due to inclement weather shall
receive four (4) hours' pay at the applicable rate or pay for
the actual time worked for that shift, whichever is the
greater.
C. An employee in receipt of inclement weather pay shall also
receive travel or board allowance if applicable.
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905 A. The holidays recognized under this Agreement are:
New Year's Day Civic Holiday
Good Friday Labour Day
Easter Monday Thanksgiving Day
Victoria Day Christmas Day
Canada Day Boxing Day
B. Inergi LP agrees to recognize Heritage Day when
proclaimed by Federal or Provincial legislation.
C. Recognized holidays falling on a Saturday or Sunday shall
be observed on the following Monday. When Christmas
Day falls on a Saturday or Sunday, it shall be observed on
the following Monday and Boxing Day on the following
Tuesday. When New Year's Day falls on a Saturday, it
shall be observed either on the preceding Friday or
following Monday.
906 A. When working an eight (8) hour day on a five (5) day per
week work schedule, overtime shall be paid at one and one-
half times their straight time rate for all work performed
during the first two (2) hours after normal quitting time.
When working a ten (10) hour day on a four (4) day per
week work schedule, overtime shall be paid at one and one-
half times the straight time rate for all work performed
during the first two (2) hours after normal quitting time.
Employees who work in excess of twenty-four (24) hours
continuously will continue to be paid premium rate for all
additional hours worked until such time as the employee
receives an eight (8) hour break from work.
All other hours worked outside the normal daily scheduled
hours and overtime worked on Saturday, Sunday,
Recognized Holidays and non-shift days shall be paid at
two times the straight time rate.
B. When an employee has not been notified the previous day
that he/she will be required to work for more than two (2)
hours beyond the normal quitting time of his/her shift, and
after approximately two (2) hours has been worked, he/she
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shall be provided with a lunch and allowed thirty (30)
minutes to consume same at the base hourly rate of pay.
After each additional four (4) hours is worked, the employee
shall be allowed thirty (30) minutes to eat at the base
hourly rate of pay and a lunch when work is required
beyond that four (4) hour period.
Where an employee has been notified the previous day, no
lunch will be provided, but the employee will be allowed
thirty (30) minutes to eat at the base hourly rate of pay.
When a paid meal period overlaps a rest period, the paid
meal period will supplant the rest period.
The above-noted is not applicable to the first eight (8) hours
worked on Saturdays, Sundays and Recognized Holidays.
907 A. When an employee is called in to work outside of his/her
normal hours of work, he/she shall receive a minimum of
two (2) hours' work at two times the straight time rate plus
travel allowance where applicable.
B. If the employee's normal hours of work commence within
this two (2) hour period, the employee will be paid two
times the straight time rate for the actual hours worked
and revert to his/her normal rate at the commencement of
his/her normal hours of work.
908 A. (i) Shift work may be established on all work except
tower erection and stringing operations provided
that there are at least four (4) consecutive days of
shifts to be worked excluding Saturdays, Sundays
and Recognized Holidays.
(ii) Where shift work is established, the normal shift
hours shall be the same as the day hours.
(iii) The normal starting time for day shift hours shall be
the same as the day work hours described in
Subsection 901.
(iv) The second shift hours shall commence with the
conclusion of the day shift hours.
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B. (i) Employees required to work shift work on the second
shift of a two (2) shift operation shall receive a shift
differential of time and one-seventh for normal
scheduled shift hours worked. If an employee is
removed from their scheduled shift prior to
completing four (4) consecutive shifts, the employee
will be paid shift differential for the balance of the
four (4) consecutive shifts that would have been
worked had the employee not been reassigned, up to
a maximum of four (4) days of shift differential.
(ii) No employee shall be required to work more than one
(1) shift in any twenty-four (24) hour period unless
the overtime rate is paid.
(iii) The shift rate will be based on the day in which the
shift begins.
909 A. It may be necessary from time to time to vary the hours of
work established in Subsections 901 and 908. Any
amendments to the hours of work will be established by
mutual agreement between Inergi LP and the Union.
910 A. Annual unpaid entitlement vacation shall be twenty (20)
working days and in special circumstances, upon
agreement of the Union and the Employer additional
vacation may be granted providing work scheduling will
permit. All vacation will be taken with the approval of the
Employer and approval shall not be unreasonably denied.
SECTION 10 WAGES AND PAY PROCEDURE
1000 A. Wage rates for employees in the classifications listed in
Subsection 200, Item B of this Agreement shall be as set
forth in the current wage schedules. Inergi LP will provide
the Union with current wage schedules.
B. Wage rates for all classifications listed in Subsection 200,
Item B of this Agreement, excluding acting general
forepersons, senior forepersons, forepersons and sub-
forepersons (see Section 600 F and G), will be drawn up in
accordance with the following Table of Relationships. This
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table indicates the relationship to be maintained between
the basic classifications within the bargaining unit.
Changes in basic classification wage rates shall be
accompanied by changes in the subsidiary classification
wage rates in accordance with the percentages shown in the
table. Base Rate is calculated by subtracting Vacation and
Statutory Holiday pay, the Pension remittance and the
Welfare remittance from the Total Wage Package for non-
Civil Certified Trades. The Total Wage Package for non-
Civil Certified Trades shall be $45.64 effective October 1,
2007 ($47.01 effective October 1, 2008)
Table of Relationships
Classification Percent of *Base Rate
Certified Trade five (5) year Apprenticeship (other than
Civil Trades)
- Journeyperson *100
- Apprentice
5th period 80
4th period 70
3rd period 60
2nd period 50
1st period 40
Certified Trade four (4) year Apprenticeship (other than
Civil Trades)
- Journeyperson *100
- Apprentice
4th period 80
3rd period 70
2nd period 60
1st period 50
Certified Civil Trade, e.g., Carpenters, Painters, Insulators, Asbestos Workers,
Plasterers, Cement Masons and Operators which have an Apprenticeship Program
will be paid at ninety-five percent (95%) of base rate for Journeyperson Lineperson.
Apprenticeship rates are based on this rate.
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Welder 100
Electrical Forester 85
- Apprentice (Apprentice rates are based on
Electrical Forester rate.)
4th period 80
3rd period 70
2nd period 60
1st period 50
Electrical Forester (Skidder Operator) 70
Electrical Forester (Labourer) 55
General Helper 55
Civil Trades (No Apprenticeship) 85
Meter Reader 68
1001 A. Normal
(i) Employees shall be paid weekly and payment for any
given week will be made not later than the sixth
working day after the close of the payroll period, but
in any event, not later than Thursday of the
following week.
(ii) Wages shall be paid by the Employer at the work
location, before quitting time, in cash or by cheque,
payable at par in the locality of the work location.
Accompanying each payment of wages shall be a
statement, in writing, which can be retained by the
employee, setting forth:
(a) the period of time or the work for which the
wages are being paid;
(b) the rate of wages to which the employee is
entitled;
(c) the amount of wages to which the employee is
entitled;
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(d) the amount of each deduction from the wages
of the employee and the purpose for which
each deduction is made;
(e) any allowance or other payment to which the
employee is entitled;
(f) the amount of vacation pay for which the
employee is being credited;
(g) the amount of recognized holiday pay for
which the employee is being credited; and
(h) the net amount of money being paid to the
employee.
(iii) In cases where inclement weather is declared on pay
day, employees will receive their pay before leaving
the work location provided it is available at the work
location.
B. On Termination
(i) An employee who voluntarily terminates their
employment will be provided final pay on the next
regular pay day for the period worked.
(ii) At work locations where the Employer does not have
an on-site pay office, an employee will have final pay
and termination documents mailed to their residence
within eight (8) working days from termination. This
does not preclude an employee being paid his/her
final pay at the work location prior to the expiration
of the eight (8) day period.
(iii) An employee who is discharged shall be provided
with his/her final pay immediately if the Employer's
pay facilities are at the work locations or as per Item
B(ii) above, if the Employer's pay facilities are not at
the work location.
(iv) Failure of the Employer to comply with the
requirements in Clause 1001 B (i), (ii) and (iii) will
AP-26
entitle the employee to two (2) hours at the straight
time rate for each normal work day of
non-compliance.
SECTION 11 UNION AND BENEFIT FUNDS
1100 A. The Employer agrees to deduct from the total wage package
above and pay into an operative welfare plan for all hours
earned. Such welfare payments will be set forth in the
wage schedules provided by Inergi LP.
B. The Employer agrees to deduct from the total wage package
and pay into an operative retirement plan an amount of
money per hour to be determined by the Union for all hours
earned. Such pension payments will be set forth in the
wage schedules provided by Inergi LP.
1101 A. The vacation and recognized holiday pay rate shall be ten
percent (10%) of vacationable gross earnings. The vacation
pay rate shall be four percent (4%) and the recognized
holiday pay rate shall be six percent (6%).
B. Payment of vacation and recognized holiday pay shall be
made weekly.
1102 A. The Employer agrees to deduct Union Funds from wages
and to remit the amounts deducted to the Union. The
amounts to be deducted and remitted will be as set out in
the wage schedules attached hereto.
B. A checkoff system of Union initiation fees and dues will be
made operative for the lifetime of this Agreement. The
Employer will supply full checkoff lists of employees subject
to checkoff at regular intervals and agrees to collect
monthly for the Union dues payable to the Union. The
Employer will transmit the monies so collected to the
designated officials of the Union. The Union will indemnify
the Employer for any liability arising from the deduction of
initiation fees and dues as requested by the Union.
C. The Employer shall put into effect any changes to Union
funds or dues upon notification by the Union.
AP-27
D. The Employer will arrange for each worker falling under
the jurisdiction of the Union to sign a Union dues checkoff
authorization as a condition of employment at the time
he/she is employed.
SECTION 12 TRAVEL AND ROOM AND BOARD ALLOWANCE
1200 Daily Travel Allowance
A. The daily travel allowance will be paid by the Employer to
its employees who are not living in camp or receiving a
subsistence allowance as referred to in Subsection 1201, on
the following basis:
(i) If an employee lives within forty (40) radius
kilometres of the work location or declared assembly
point * no travel allowance will be paid.
(ii) If an employee lives within forty (40) to fifty-six (56)
radius kilometres of the work location or declared
assembly point they shall receive $21.27 ($21.91
effective October 1, 2008) per day travel allowance
for each day worked or reported for.
(iii) If an employee lives within fifty-six (56) to eighty
(80) radius kilometres of the work location or
declared assembly point they shall receive $25.63
($26.19 effective October 1, 2008) per day travel
allowance for each day worked or reported for.
(iv) If an employee lives within eighty (80) to ninety-
seven (97) radius kilometres of the work location or
declared assembly point they shall receive $29.60
($30.49 effective October 1, 2008) per day travel
allowance for each day worked or reported for.
(v) If an employee lives greater than ninety-seven (97)
radius kilometres from the work location or declared
assembly point, and does not qualify for subsistence
allowance under Subsection 1201 below, they shall
receive $31.63 ($32.58 effective October 1, 2008) per
day travel allowance for each day worked or reported
AP-28
for provided the employee continues to travel greater
than ninety-seven (97) radius kilometres daily.
* For the purpose of this Section, "declared assembly point" is
a material yard, field office or other location that may from
time to time be designated by the Employer as a location
for assembling prior to leaving for the work location.
(vi) When an employee is directed to report to a location
that involves travelling around a natural barrier, the
distance around the natural barrier shall be the
shortest distance measured by a series of straight
lines. The sum of the distance of these straight lines
shall be applied to the ring concept to establish the
employee's travel allowance entitlement, board
allowance entitlement and initial and return
allowance entitlement.
(vii) A natural barrier is defined as any obstruction or
impediment which creates an unreasonable
relationship between radius kilometres and actual
kilometres travelled.
B. The Employer reserves the right to base daily travel
allowance on the distance in radius kilometres from where
an employee lives to either the work location or declared
assembly point, depending on where the employee is
directed to report.
1201 Room and Board Allowance (Subsistence)
A. The following conditions will apply for employees whose
regular residence* is more than ninety-seven (97) radius
kilometres from the work location:
(i) An Employer may supply either:
(a) free room and board in camp or a good
standard of board and lodging; or
(b) a subsistence allowance.
* For the purpose of this Section "regular residence":
AP-29
1. The place where the employee maintains a
self-contained, domestic establishment (a dwelling
house, apartment or similar place of residence where
a person generally eats and sleeps and for which
he/she can show proof of financial commitment).
This is in contrast to a boarding house facility which
is not self-contained; and
2. The employee normally resides in the residence
except for those periods of time when, because of the
location of the work, the employee obtains temporary
accommodation for that work location.
3. For metropolitan areas (Toronto and Hamilton) the
calculation of distance shall be the employee's
regular residence.
4. For all other areas, the calculation of distance shall
be based on the location of the city or town hall of the
municipality where an employee maintains a
self-contained domestic establishment described
above. In those municipalities where a city or town
hall does not exist, then the post office serving
his/her self-contained domestic establishment will
apply.
(ii) An employee may exercise his/her option not to stay
in a camp or accept free room and board. An
employee who exercises this option shall receive a
subsistence allowance as follows:
(a) When an employee's regular residence is more
than ninety-seven (97) radius kilometres from
the work location, which is north of the French
River and the employee maintains temporary
accommodations at or near the work location
the employee shall be paid a subsistence
allowance of $86.96 ($89.57 effective October 1,
2008) per day for each day worked or reported
for.
AP-30
South of the French River an employee will be
paid $81.02 ($83.45 effective October 1, 2008)
per day for each day worked or reported for.
(b) When an employee’s residence is more than
five hundred (500) kilometres from the work
location and the employee is working a four (4)
day by ten (10) hour per day shift, the
employee will be paid one (1) additional day’s
subsistence allowance.
B. An employee shall not qualify for daily travel allowance or
room and board allowance as provided for in Subsection
1200 and Subsection 1201, Item A above, when such
employee reports for work but does not remain at work for
his/her scheduled daily hours unless excused by an
authorized representative of his/her Employer. Such
permission shall not be unreasonably denied.
C. Upon application, payment of Room and Board/Travel
Allowance will be issued for the first two (2) pay periods.
Failure to provide satisfactory proof of eligibility during
this period, will result in cessation of payments and the
recovery in two (2) equal amounts. In the event of
termination for any reason before full recovery, any balance
owing will be deducted from the final pay.
1202 Travel Time
A. The Employer will supply transportation between the
assembly points and work locations.
B. All travel time will be outside of normal working hours.
C. On normal working days an employee will be paid his/her
straight-time rate for all time spent travelling from his/her
assembly point to his/her work location.
D. On Saturdays, Sundays and Recognized Holidays identified
in Subsection 905 A, B and C, an employee will be paid
his/her premium rate for all time spent travelling from
his/her assembly point to his/her work location.
AP-31
E. An employee will travel up to a maximum of one (1) hour on
his/her own time when returning from the work location to
the assembly point.
(i) On normal working days an employee will be paid
straight time rate for all time spent travelling in
excess of one (1) hour.
(ii) On Saturdays, Sundays and Recognized Holidays
identified in Subsection 905 A, B and C, an employee
will be paid premium rate for all time spent
travelling in excess of one (1) hour.
1203 Initial and Return Travel and Transportation
A. On recruitment of workers who live beyond one hundred
sixty-one (161) radius kilometres from the work location,
the Employer shall pay forty-one ($0.41) (forty-two ($0.42)
effective October 1, 2008) per radius kilometre, plus travel
time based on one (1) hour's pay for each eighty (80)
kilometres, or part thereof, of travel to a maximum of eight
(8) hours' pay for the initial trip to the work location from
where the worker lives. On recruitment of workers who
live outside Ontario, the distance calculation for this
allowance shall be from where the worker lives or the
Union Referral Hall, whichever is closer.
B. To qualify for payment in Item A, the employee must be
engaged in work for a minimum of fifteen (15) working days
or the duration of the job, whichever is less.
C. On termination of employment due to a reduction of staff,
an employee qualified for payment as a result of Item B
above, shall be entitled to return travel expenses calculated
in the same manner as in Items A above for the return trip
from the current work location to where the worker lives or
Union Referral Hall, whichever is closer to the current
work location. An employee whose employment terminates
for any reason other than reduction of staff shall not be
eligible for return payment.
D. At the end of each three (3) months of continuous
employment at a worksite where the employee resides in a
AP-32
camp or a camp situation, he/she shall receive eight (8)
hours' pay at his/her appropriate straight time rate to
assist in defraying costs of returning home.
1204 Use of Personal Vehicle
A. An employee who is requested or receives approval from an
authorized representative of his/her Employer to use
his/her personal vehicle for the convenience of his/her
Employer shall be reimbursed at thirty-eight cents ($0.38)
(thirty-nine cents ($0.39) effective October 1, 2005) (forty
cents ($0.40) effective October 1, 2006) per kilometre
travelled for such use of his/her vehicle.
SECTION 13 TOOLS AND CLOTHING
1300 A. Employees shall be required to provide themselves with the
ordinary hand tools of the trade as specified in the attached
tool listing*. The Employer will provide insofar as is
practical, separate facilities for storing the tools, but shall
not be held responsible for losses, except as noted
hereunder.
(i) When personal tools valued in excess of $17.87
($18.41 effective October 1, 2008) are lost due to fire,
the Employer will consider replacement or payment
value to a maximum of $595.69 ($613.56 effective
October 1, 2008) based on the merit of tools that a
tradesperson is required to have to perform their
normal duties with the Employer.
(ii) The Employer agrees to compensate employees for
tools lost by theft, as supported by claims submitted
in writing with substantiating evidence to establish
theft resulting from forcible entry to locked storage
provided by the Employer to a maximum of $595.69
($613.56 effective October 1, 2008).
(iii) In the event of a loss by fire at a work location,
replacement or payment of the full estimated value
in excess of $17.87 ($18.41 effective October 1, 2008)
but not exceeding $595.69 (613.56 effective October
AP-33
1, 2008) for the loss of personal clothing will be
made.
(iv) In the event of a loss by fire at an Employer operated
camp, replacement or payment of the full estimated
value in excess of $17.87 ($18.41 effective October 1,
2008) but not exceeding $893.54 ($920.34 effective
October 1, 2008) for the loss of personal clothing will
be made.
B. Employees who have obtained tools from the Employer’s
tool crib shall be allowed sufficient time, in the opinion of
Management, to return such tools to the tool crib during
working hours. Employees receiving tools from such tool
crib shall be held responsible for the return of such tools in
good condition, subject to normal wear and tear. On layoff
or standoff employees will be allowed reasonable time to
return tools.
C. Gang tools which are issued to a foreperson are used by one
or more members of the crew. Such tools are not identified
on trade tools lists, nor are then the tools and equipment
identified in A. and B. of this section. Such tools shall be
the responsibility of the Employer.
D. Employees eligible for payment under A. above shall be
reimbursed within ten (10) working days after the date of
submitting a claim.
1301 A. Employees are required to wear protective clothing and use
protective equipment appropriate for the work being done.
The Employer shall supply employees working in close
proximity to obvious fire hazards (i.e., open flames) with
flame resistant coveralls.
AP-34
B. The Employer will supply protective clothing including
gloves, high visibility clothing, rainwear and coveralls
where appropriate at no cost to the employee. Protective
clothing that is provided by the Employer will be charged
out to an employee and the employee shall be responsible
for the return of such protective clothing and equipment
upon completion of the work involved.
C. Employees shall supply themselves with, and wear at all
times on the job, an approved safety helmet and safety
footwear.
When an Employer wishes an employee to wear a
specifically identified safety helmet, the Employer shall
provide it on loan, complete with a new liner.
SECTION 14 GRIEVANCES AND ARBITRATIONS
1400 (a) Inergi LP shall appoint employees beyond the jurisdiction
of the Union to act as contact supervisor. Each contact
supervisor shall be responsible for giving or securing a
decision on any grievance submitted to him/her by a Union
representative on behalf of any employee or group of
employees under his/her supervisor. Grievances will be
referred to the contact supervisor within thirty (30) days of
the discovery of the event giving rise to the grievance. If a
satisfactory decision is not made by the contact supervisor
within forty-eight (48) hours, the Union representative
may, within thirty (30) days, refer the grievance to
arbitration.
(b) The referral to arbitration shall be made to one of the
following single arbitrators on a rotating basis:
(i) Jules Bloch
(ii) Rob Herman
(iii) Louisa Davie
(c) The arbitrator shall set a hearing date to take place within
ten (10) working days of the date of the referral and shall
render a decision on the case within thirty (30) days of the
completion of the hearing of the matter. The parties agree
that they will facilitate to the greatest extent possible the
AP-35
expeditious completion of the hearing process.
(d) The decision of the arbitrator shall be final and binding on
the parties. The arbitrator shall not have jurisdiction to
alter or overrule this Agreement or to make any decision
inconsistent with this Agreement.
(e) The arbitrator shall have all the power and authority of an
arbitrator under Section 48 of the Labour Relations Act,
1995.
(f) Maintenance of normal earnings shall be provided by Inergi
LP for all Union representatives, attending at the grievance
process, including the arbitration hearing. Arbitrator costs
will be shared.
SECTION 15 COMMITTEES
1500 Joint Committee
A. To advance harmonious relations between Inergi LP and
the Union, Inergi LP and the Union shall appoint a Joint
Committee comprised of two (2) PWU and two (2)
Management as appointed by the parties.
The Committee shall meet at least annually to review the
work program and matters associated with the
administration of this Appendix with the intent of
achieving uniformity of application of this Appendix
wherever employees are working. The Committee may also
consider matters related to safety.
1501 Joint Apprenticeship Committees (subject to the attached letter
“Principles Related to Apprenticeship Program”, related
Committee Agreements, and Certificate of Qualification
requirements).
A. A Joint Apprenticeship Council (JAC) shall be established
and shall meet on a regular basis. This Council shall
consist of an equal number of members of the Union and
representatives of the Employer. Where applicable, a
representative of the Apprenticeship Branch of the Ontario
Government may also be appointed as an advisor to the
AP-36
regular Council members.
B. The JAC shall be responsible for the establishment and
maintenance of the apprenticeship training programs, as
well as adopting operating rules and conditions with
respect thereto which are complementary to and in keeping
with the intent of the Apprenticeship and Trades
Qualification Act RSO 1970 as amended.
C. Apprentices shall be hired by the Employer, as and when
required, from a pool of qualified apprentices established by
the JAC in accordance with the procedures established
under the JAC Terms of Reference.
C. All apprentices shall be governed by the Ontario
Apprenticeship and Trades Qualification Act and
regulations but the ratio of apprentices to Journeypersons
may be set from time to time by the Joint Committee.
E. In order to expedite the Apprentice's entrance into
Journeyperson status, the following policy shall apply:
(i) The Apprentice must apply to the Apprenticeship
Branch to write his/her examination as soon as
possible after he/she has reached his/her total hours,
less three hundred (300).
(ii) The Apprentice will give the JAC two (2) weeks'
notice that he/she is going to write his/her
examination.
(iii) After writing the examination, the Apprentice will
check his/her hours in his/her Progress Record Book,
with the JAC.
(iv) The Employer will commence paying the
Journeyperson's rate of pay the day after the
Apprentice completes his/her hours and providing
the following conditions have been met:
(a) The Employer is satisfied that the Apprentice
has completed his/her hours. If there is a
question concerning the completion of hours,
AP-37
confirmation will be supplied by the JAC
and/or the Union;
(b) The Employer is shown written proof of
Certification from the Apprenticeship Branch,
or has verbal confirmation from the JAC
and/or the Union; and
(c) The Apprentice has passed his/ her
examination for his/her Certification of
Qualification (C of Q).
F. In the event that an Apprentice fails his/her examination
for his/her C of Q, he/she will be paid the journeyperson
rate of pay from the day he/she passes any future
examinations.
G. Where the JAC is unable to reach an agreement on any
matter concerning apprenticeship, the issue shall be
referred to the Joint Committee for their decision.
SECTION 16 LUNCHROOM AND WASHROOM FACILITIES
1600 Lunchroom Facilities
A. The Employer will provide clean and adequately heated
facilities for employees where such facilities may
reasonably be provided. Lunchroom facilities are to include
adequate space with tables and benches and are to be
separated from storage areas. Washroom facilities are to
include flush toilets and hot and cold running water where
reasonable and practicable.
SECTION 17 PREGNANCY/PARENTAL/ADOPTION LEAVES
1700 A. Provisions of the Employment Standards Act will apply to a
pregnant employee. In addition, an employee's seniority
will accumulate while on leave provided this does not affect
the normal date of layoff.
AP-38
SECTION 18 SELECTION TO VACANCIES
PWU represented members who have performed work for Inergi LP pursuant to this
Appendix will be entitled to apply to regular positions within Inergi LP for which
they are qualified and will be selected on the basis of seniority.
Seniority for the purposes of applying to regular positions will be calculated on the
basis of accumulated service with Inergi LP gained through this Appendix.
Employees in receipt of a Inergi LP pension are not eligible for selection to Vacancies.
Dated at Toronto this __________________ day of _______________________ 2003.
FOR: Inergi LP FOR: POWER WORKERS’ UNION
____________________ ________________________________
AP-39
Principles Related to Apprenticeship Program
The parties agree to establish an apprenticeship program recognizing that the
apprenticeship program should be structured to best support the Inergi LP
requirements, the Apprentice and the requirements of the Trades Qualification Act.
The parties agree that the following principles should be accepted when developing
the apprenticeship program:
PWU Apprentices will be acquired through the provisions of the Appendix
to the Inergi LP Agreement.
The Apprenticeship Program will be managed by the Joint Councils
outlined in the Appendix to the Inergi LP Agreement.
Apprentices will be assigned to regular work crews and to casual work
crews for the purposes of their training program.
When Apprentices are doing work on an assigned basis with regular work
crews, these crews will not be considered as composite crews. In this
circumstance the non-monetary provisions of the Main Agreement apply.
The administration of the Apprentice Program will be funded by the
Employer and operated from the Union Office.
The parties further agree that a committee would be established comprised of two (2)
representatives from Inergi LP and two (2) representatives from the Union to meet
and develop the procedures to be followed on the Apprenticeship Program.
AP-40
Appendix A - TOOL LIST
All journeypersons electricians are required to have the following tools:
1 Centre punch
1 1/2" Cold Chisel
1 Half-round File
1 Ball Peen Hammer
1 Adjustable Hacksaw Frame
1 Knife
1 Medium Level
5 Prs of Pliers - 8" Sidecutters, Diagonal, Longnose and 2 pairs of
Channelock
6 Screwdrivers, Robertson and Standard Types
1 6" Square or Combination Square
1 6' Folding Wood Rule
1 Small Tap Wrench
1 Tool Box
1 Tool Pouch and belt for hand tools
Lineperson Tool List
1 Tool Box and lock
1 Ball Peen Hammer
1 Jackknife or Stripping Knife
1 9" Pliers
1 6' Folding Wood Rule
1 Screwdriver, flat blade, 8"
1 8" Adjustable Crescent Wrench
1 10" or 12" Adjustable Crescent Wrench
Electrical Forester
1 Saw, hand, pruning
1 Set of appropriate hand saw sharpening equipment
1 Jack Knife
1 Hand Pruners
All Journeyperson Mechanical Tradespersons are required to have the following tools:
1 punches, centre set
1 punch, pin, set
4 punch, taper set
4 rule, steel, 6"
3 screwdrivers, flat blade, 4" 8" and 12".
1 screwdriver, flat blade, stubby
AP-41
1 screwdriver, flat blade, offset
1 screwdriver, Robertson, set of detachable head
1 screwdriver, Phillips, set of detachable head
1 scriber, steel
1 square, combination, with level, protractor and centre head 12"
1 tape rule, steel, 6' or longer.
1 wrench, tap - to handle up to 1/4" taps
3 wrenches, adjustable, crescent type, 4" 8" and 12"
1 wrench, vise grip
AP-42
March 26, 1998
D.F. MacKinnon
Sector Vice-President
Power Workers' Union
244 Eglinton Avenue East
Toronto, Ontario
M4P 1K2
Dear Mr. MacKinnon:
1988 Negotiations - Transmission Agreement
This will confirm the discussion at negotiations regarding the natural barrier
concept.
It is agreed that an obstruction or impediment will include those areas where roads
have not been constructed and which causes an unreasonable relationship between
radius kilometres and actual kilometres travelled.
Yours truly,
AP-43
March 26, 1998
D.F. MacKinnon
Sector Vice-President
Power Workers' Union
244 Eglinton Avenue East
Toronto, Ontario
M4P 1K2
Dear Mr. MacKinnon:
1988 Negotiations - Transmission Agreement
This will confirm the discussion at negotiations regarding parking allowance in
Toronto.
Employees working in the downtown core of Toronto will be paid $3.57 ($3.68
effective October 1, 2008) per day worked as a parking allowance when an Employer
does not provide parking space.
The downtown core is defined as the area bounded by the east side of Dufferin Street
in the west, the west side of Sherbourne Street and Mount Pleasant Road in the east,
the south side of Eglinton Avenue in the north and by Lake Ontario in the south.
Yours truly,
AP-44
Add to the Inergi LP Collective Agreement
Assignment of Work and Dispute Resolution Process – Appendix A
Construction and Supplementary Maintenance
1. No regular Inergi LP employee will be laid off as a direct result of work being
performed pursuant to Appendix A of the Collective Agreement.
2. Inergi LP shall share all related information for making an assignment as far
in advance of the work as possible.
3. Inergi LP representatives and the PWU Sector Vice-President will agree upon
the proposed assignment prior to the assignment being made by the employer.
4. Failing to agree on the assignment of work will result in an expedited
resolution process.
5. Should the parties fail to agree on the assignment of work to employees hired
pursuant to Appendix A, the issue will be referred to Mr. Martin Teplitsky, or
his deputy who will act as the sole arbitrator for resolution of the dispute.
6. The arbitrator will hear the dispute within three (3) days of the dispute being
referred to Arbitration. The Arbitration may be conducted by conference call.
7. Briefs shall be prepared by each party which will include a statement of facts,
a brief argument and any other information and/or documents relevant to the
issue. Briefs will be exchanged between the parties and provided to the
arbitrator at least twenty-four (24) hours before the arbitration hearing begins.
Witnesses may be called with leave of the arbitrator.
8. The decision of the arbitrator shall be final and binding on the parties.
45
SERP 1
SERP 2
SERP 3
SERP 4
SERP 5
SERP 6
SERP 7
SERP 8
SERP 9
SERP 10
Hourly
CLASSIFICATION Occupation Code Old Grade Classification Rate Pension Benefits Holiday/Stat Total Wg.Pkg
Help Desk Agent 50331070 62 01 36.23 3.00 3.00 3.62 45.85
IT Technician 50342022 63 01
Buyer 50136606 60 02 30.39 3.00 3.00 3.04 39.43
Payment & Quality Control 50102098 60 03 30.39 3.00 3.00 3.04 39.43
Fixed Asset & C.A. Ck 50115016 60 03
AR Quality Control 50109655 60 03
Settlements Agent 50154048 60 03
Sourcing & Demand Admin 50150662 58 04 26.88 3.00 3.00 2.69 35.57
Release Expediting Clerk 50136609 57 04
Administrative Clerk 50110214 58 04
Cost Accounting Clerk 50100091 58 04
Accounting Services Clerk 50109663 58 04
Pay Data Assistant 50103116 57 04
Pay Administrator (jr clerical) 50103615 59 04
AP Data Input Clerk 50102602 54 05 21.00 3.00 3.00 2.10 29.10
Mail & Services Clerk 50114107 53 05
*The first six months w ill be
at a reduced hourly rate of
10%. This rate is applicable
for a six (6) month
probationary period.
Supplementary Employee Referral Program
SCHEDULE 50, March 1, 2013
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